The recent decision of Armstrong v. District of North Saanich, 2024 BCSC 1844 involved the District of North Saanich finding itself in the middle of a neighbour dispute. It is an important decision in confirming that the courts cannot and will not interfere with local government decisions so long as the local government can demonstrate it acted on the basis of at least one reasonable interpretation of the legislative framework granting it authority to act. Even where there is another reasonable interpretation of the legislative framework, even a stronger interpretation, that is not sufficient to authorize the Court to interfere with the local government’s decisions or actions. (more…)
Notice This! Navigating Tax Sale Notice Requirements
At 10:00 am on October 7, 2024, municipal tax collectors across British Columbia will conduct the statutorily mandated annual tax sale for 2024. Properties with delinquent property tax accounts, which are those with three years of unpaid property taxes, will be sold to the highest bidder above the “upset price.” The upset price is the amount of outstanding taxes plus penalties, interest, costs, and fees. (more…)
Is a Guinea Fowl a Fowl: an Offender’s Intention and the Interpretation of Bylaws
On June 17, 2024, in the judgment of R v Reid, 2024 BCSC 1044, Madam Justice Sharma of the British Columbia Supreme Court released her decision on what, at first blush, appears to be an undeniably odd question under appeal: is a guinea fowl a “fowl” for the purposes of Vancouver’s Animal Control Bylaw 9150 (The “Animal Control Bylaw”). (more…)
All’s Fair in Love and Latecomer Fees
In the recent decision Ironclad Developments Inc. v. West Kelowna (City), 2024 BCSC 1285, the Honourable Madam Justice Hardwick held that local governments do not owe procedural fairness rights to property owners when charging them latecomer fees. (more…)
Supreme Court Considers Impact of Zoning in Constructive Expropriation
In the recent decision of St. John’s (City) v. Lynch, 2024 SCC 17, the Supreme Court of Canada clarified the law on constructive expropriation. The Court examined how zoning and land use regulations impact the compensation owed to a property owner for expropriation. (more…)
Mel van Fram Joins Stewart McDannold Stuart
Amelia (Mel) van Fram has joined SMS as an associate on both the litigation and solicitor teams, after having completed her articles here. Mel received her Juris Doctor from the University of Victoria and was recently called to the B.C. Bar. We are excited to officially welcome Mel to the team.
Permit Pitfalls: Lessons for Local Governments from Vanderhaeghe
In the recent decision of Sunshine Coast (Regional District) v. Vanderhaeghe, 2024 BCCA 169 (“Vanderhaeghe”), a development permit issued based on a mistaken interpretation of a non-conforming use provision of the Local Government Act (the “LGA”) implicitly granted a homeowner a development variance permit. (more…)
Marshall Putnam Joins Stewart McDannold Stuart
Marshall Putnam has joined SMS as a litigation associate. Prior to joining us, Marshall practiced in Kamloops, B.C. in the area of Charter litigation, constitutional challenges, and tortious claims. He recently earned his Master of Laws degree from University of Edinburgh after previously receiving his Juris Doctor degree from University of Calgary. We are excited to have Marshall join our team.
Matt McCarthy Joins Stewart McDannold Stuart
Matt McCarthy has joined SMS as a litigation associate. Prior to joining us Matt worked at a leading regional firm in its Calgary office. Matt received his Juris Doctor from the University of Alberta, and and has recently transferred to the B.C. Bar. We are excited to have Matt join our team.
BCSC Affirms: Good Faith Local Government Decisions to Not Enforce Bylaws Are Immune From Negligence Claims
In Fahr v Schnitzer Steel Canada Ltd., 2024 BCSC 296, the BC Supreme Court affirms that municipalities are not required to enforce bylaws so long as their decision to not undertake enforcement is done in good faith.This decision follows the Court’s prior decisions in Suncourt Homes (2019 BCSC 2258) and Lebourdais (2022 BCSC 281). Specifically, the Court endorsed the statement that “[m]unicipalities will be immune from liability if they contemplate [bylaw] enforcement in good faith, regardless whether action is ultimately taken.” (more…)
