Stewart McDannold Stuart
Recent Decisions from the Court of Appeal with Respect to Restrictive Covenants
Heidi Boudreau
Advice and Advocacy for Local Government
October 24, 2021

The British Columbia Court of Appeal has issued two recent decisions which provide important insight into the ways local governments may utilize restrictive covenants to manage risk and regulate specific uses of land. Click here to continue reading at sms.bc.ca



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Stewart McDannold Stuart
British Columbia Court of Appeal Rules Approving Officer Insulated from Negligence Claims
David Giroday
Advice and Advocacy for Local Government
October 24, 2021

In Held v. Sechelt (District), 2021 BCCA 350 the British Columbia Court of Appeal affirmed that an approving officer could not be held personally liable in negligence while acting in the course of his duties related to the review, consideration and approval of a subdivision and development within a municipality. Click here to continue reading at sms.bc.ca



2nd Floor, 837 Burdett Ave.

Victoria, British Columbia

Canada  V8W 1B3

 

PH: 250.380.7744

FX: 250.380.3008

www.sms.bc.ca

logolaw@sms.bc.ca

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Stewart McDannold Stuart
Electronic Meetings: Bill 10 Requires Adoption of New Procedure Bylaw Provisions For Continuation of Electronic Meetings
Ryan Bortolin
Advice and Advocacy for Local Government
October 24, 2021

Changes to the authority for local governments to hold electronic board and council meetings are afoot.    After the current authority under the COVID Related Measures Act/Ministerial Order M192 to hold electronic meetings expires on September 28, fully electronic regular council, board, and committee meetings will only be possible if council or the board has enacted certain amendments to its procedure bylaw. According to the Province’s “Guidance for Adapting to the New Electronic Meetings Framework”, similar changes are planned for the Regional District Electronic Meetings Regulation.  This document also states that these bylaw amendments cannot receive first reading until after the new electronic meeting provisions of the Community Charter come into effect on September 29.   This means that there will be a gap in the authority to hold fully electronic committee and regular meetings that will last from September 29 until a local government is able to enact the required procedure bylaw amendments. Click here to continue reading at sms.bc.ca



2nd Floor, 837 Burdett Ave.

Victoria, British Columbia

Canada  V8W 1B3

 

PH: 250.380.7744

FX: 250.380.3008

www.sms.bc.ca

logolaw@sms.bc.ca

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Stewart McDannold Stuart
Vancouver Councillor and Bar Owner Found Not to Have Conflict of Interest Relating to Vote on COVID-19 Measures Affecting Local Restaurants
Josh Krusell
Advice and Advocacy for Local Government
October 24, 2021

A recent court decision confirms that the interest or bias that is required to prove an elected official has a conflict of interest is one that relates to the distinct interest of the elected official in the particular case and is not merely some financial interest possessed by that elected official that she or he shares with other fellow electors. Click here to continue reading at sms.bc.ca



2nd Floor, 837 Burdett Ave.

Victoria, British Columbia

Canada  V8W 1B3

 

PH: 250.380.7744

FX: 250.380.3008

www.sms.bc.ca

logolaw@sms.bc.ca

Please visit our website for the terms of use applicable to this document.

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Stewart McDannold Stuart
Laying the Groundwork for Building Inspectors: Clarification from the British Columbia Court of Appeal on Soil Densification Activities and the Expiration of Building Permits
David Giroday
Advice and Advocacy for Local Government
October 24, 2021

On June 9, 2021, the British Columbia Court of Appeal released reasons for judgment in Yu v. Richmond (City), 2021 BCCA 226. In this court action the City of Richmond (the “City”) appealed a judicial review decision of the Supreme Court of British Columbia in which it was held that pre-building soil densification measures that were undertaken on two properties in Richmond, British Columbia constituted construction within the meaning of the City of Richmond Building  Regulation Bylaw No. 7230 (the “Building Bylaw”).

This decision will be of interest to local governments and building inspectors in British Columbia, as well as building inspectors in other Canadian jurisdictions, as an indication of how courts will assess what constitutes a construction activity within the meaning of a building bylaw. Click here to continue reading at sms.bc.ca



2nd Floor, 837 Burdett Ave.

Victoria, British Columbia

Canada  V8W 1B3

 

PH: 250.380.7744

FX: 250.380.3008

www.sms.bc.ca

logolaw@sms.bc.ca

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