The recent case of City of Edmonton v. Uber Canada Inc., 2015 ABQB 214 is the latest decision examining whether or not Uber Canada is operating a taxi brokerage business in contravention of local bylaws.
In this case, the City of Edmonton argued that Uber was operating in the City without a valid business licence or taxi broker licence. The City was seeking a statutory injunction against Uber to cease their operations. Uber Canada was not issued any tickets; however, three drivers in the City had been issued a total of six tickets for violating bylaws. (more…)
The Supreme Court of Canada recently made national headlines with its decision in the case of Mouvement laïque québécois v. Saguenay (City) 2015 SCC 16. The decision affirms the requirement for state neutrality in matters of religious belief. As a result, it seems there is no place for prayers or other forms of religious observance within the council chambers of local governments in Canada. (more…)
On May 20, Colin Stewart will be lecturing in Vancouver for the Pacific Business and Law Institute on Local Governments and Health and Criminal Regulation.
Financially troubled land conservation organization TLC The Land Conservancy of British Columbia (“TLC”) recently took a significant step forward in its restructuring efforts under the provisions of the Companies’ Creditors Arrangement Act (the “CCAA”). With the overwhelming support of its creditors, both secured and unsecured, TLC brought forward for approval of the British Columbia Supreme Court a plan of compromise and arrangement (the “Plan”) at a hearing on April 2, 2015. The Court approved the Plan, with reasons for judgment to follow. The Court’s reasons were released on April 27, 2015, and they provide an occasion to recap the proceedings, and to assess the potential implications as TLC moves forward with implementing the Plan. The reasons of the Court are reported at TLC The Land Conservancy of British Columbia (Re), 2015 B.C.S.C. 656. (more…)
Bill 24-2015, the Societies Act, has been given First Reading in the Legislature. This Bill repeals the current Society Act, enacted in 1977, replacing it with something akin to a scaled back and simplified version of the BC Business Corporations Act. Local governments may interact with incorporated societies in a number of ways, including as providers of funding or facilities, or as stakeholders with representatives appointed to society boards of directors. As such, local governments should be aware of some of the impending changes to the legislation governing societies.
The Province’s 2014 White Paper gives some insight into the motivation behind the changes in the proposed Societies Act: (more…)
On Thursday, April 30, 2015 Susan Beach will be speaking about Privacy Issues in Pandemic Planning at a joint meeting of the Health Law Section and Freedom of Information & Privacy Law Section of the Canadian Bar Association – BC Branch, to be held in Vancouver at the law offices of Harper Grey LLP.
In an October 2013 post, we reported on the Supreme Court of British Columbia decision in Bradshaw v. Victoria (City). In reasons for judgment released January 7, 2015, the Court of Appeal dismissed Mr. Bradshaw’s appeal and for the most part approved the reasons of the chambers judge. For the facts of the case, please refer to our earlier post.
Perhaps not surprisingly, the Court of Appeal found that the City’s consultation respecting the proposed Official Community Plan was reasonable. While the OCP’s development permit requirements were expanded late in the consultation process, and while there was less opportunity for consultation about the amended provisions than in relation to the OCP as a whole, the Court of Appeal concluded that this was part and parcel of the consultation process, since it is to be expected that proposed legislation will change as a result of the consultation process. (more…)
The ongoing changes to British Columbia’s liquor laws are continuing with the introduction in the Legislature of Bill 27 – the “Liquor Control and Licensing Act” – which if passed will replace the current statute of the same name. (more…)
As an update to our March 9 post about Bill 3, we note that the Building Act received Royal Assent on March 25, 2015.
In recent years, the Provincial Court has been seeking solutions to deal with the challenge of a high volume of court actions and an increasing number of self-represented litigants. The legislature seems to think the solution lies in creating alternate streams of dispute resolution procedures outside the formal court system. In May of 2012 the Province passed Bill 44, the Civil Resolution Tribunal Act. The Act is not yet in force, but is anticipated to become law later this year. Earlier this week, the legislature introduced some tweaks and changes to the proposed Act with Bill 19. Local governments may find themselves parties to the dispute resolution process under the Act. (more…)