Anchors Aweigh: Local Government’s Jurisdiction over Permanent Moorage of Vessels

In The Corporation of the City of Victoria v. Zimmerman, 2018 BCSC 321, the City of Victoria obtained a statutory injunction to restrain the permanent moorage of boats in the Gorge Waterway, on the grounds that permanent moorage of boats contravened the City’s zoning bylaw.

The respondents challenged the validity of the zoning bylaw, arguing that restricting moorage encroached upon the federal jurisdiction over navigation and shipping under the Constitution Act. In other words, they argued that the City’s zoning bylaw was venturing in unnavigable waters, jurisdictionally.

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CAO Forum February 20-22

Colin Stewart and Kathryn Stuart are pleased to have been invited to participate as part of the Knowledge Cafe at the CAO Forum being held in Victoria on February 20-22, 2018.

Local Governments May Owe a Duty of Care to Process Development Applications in a Timely Way

In Wu v. Vancouver (City) 2017 BCSC 2072, Madam Justice Murray of the BC Supreme Court held that the City of Vancouver owed a duty of care to the plaintiffs, the purchasers of a home in the Shaughnessy area, who had applied for a development permit for the demolition of an existing house and construction of a new house. According to the decision, the City owed the plaintiffs a duty to make a final decision on their permit application, in accordance with the applicable statutory framework, within a reasonable time. Madam Justice Murray concluded that the City was negligent in this case since it acted in bad faith and failed to conduct itself in accordance with the standard of a reasonably competent municipality when dealing with the plaintiffs’ application. (more…)

Capilano University Course

Kathryn Stuart will be teaching a session on administrative law on November 17, as part of Capilano University’s Local Government Law Course.

Upcoming CLEBC Course on Planning and Development Law

The Continuing Legal Education Society of BC is presenting a one day course on planning and development law on November 23, at the Pan Pacific Hotel in Vancouver. Peter Johnson will be participating, and will present a session on Practice Management and Ethics Issues in the Planning and Development Process.

New Articled Student

We are pleased to announce that Andie Britton-Foster, a graduate of the University of Victoria Law School, has joined us for her year of articles.

The Annual Tax Sale Approaches!

Here is a link to our post from last year concerning the annual municipal tax sale:

The Annual Tax Sale Approaches!

New Building Act Regulations

The Building Act General Regulation was amended in February of this year and again in April, and the changes further clarify the impact that the Building Act will have on local government jurisdiction. (more…)

Local Governments, Administrative Tribunals, and the Ongoing Dispute Over the Trans Mountain Pipeline

Administrative tribunals are decision-making bodies that are part of the system of justice in Canada, and the decisions they make can have significant impacts on local governments. The British Columbia Court of Appeal’s recent ruling, Burnaby (City) v Trans Mountain Pipeline ULC, 2017 BCCA 132, confirms that, when interpreting and applying their enabling statutes, certain administrative tribunals can make orders that, in effect, prevent local governments from enforcing their own bylaws. (more…)

LGMA 2017

The Local Government Management Association annual conference is scheduled for May 16 to 18 in Penticton. If you’re planning to attend, you won’t want to miss the following sessions. On May 17, Jeff Locke will be presenting “Managing Public Expectation in the Event of a Claim”, with Sherman Chow of the Municipal Insurance Association of BC. Later than afternoon, Jeff will present “Negotiation Skills: Principles and Tips to Elevate Your Intuition”. On May 18, Colin Stewart will be presenting his ever popular “Legal Update”.

We look forward to seeing you at the conference!