Reasons for Reconsideration Refusals: BC Supreme Court Reviews the Sufficiency of Reasons in the Context of a Reconsideration of a Business Licence Refusal

The BC Supreme Court recently added to the volume of caselaw regarding the procedural fairness requirements that are applied in reviewing decisions of municipal governments.

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SMS: Legal Bulletin

SMS was pleased to attend and present at the 2022 LGMA Conference in Penticton. Please see our special edition SMS Newsletter that we prepared for the conference.

2022 LGMA Annual Conference

Ryan Bortolin and Heidi Boudreau will be presenting at the upcoming LGMA conference being held in Penticton from June 21 to June 23, 2022.  They will be presenting a Legal Update presentation on June 23.

Surprise, You’re Ostracized!: The Necessity of Procedural Fairness in the Discipline of Elected Officials

How should a council or board respond when one of its members has engaged in inappropriate or undesirable conduct? What sort of process is required? Controversial social media posts by the mayor, public fallout, and the disciplinary steps council attempted to take in response, are at the heart of the BC Supreme Court’s recent ruling in Michetti v. Pouce Coupe (Village), 2022 BCSC 472 (“Michetti”).

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Pacific Business and Law Institute – Local Government 2022

The Pacific Business and Law Institute’s annual local government law program is scheduled for April 8. Peter Johnson will be presenting on the subject of Climate Change and Emergency Measures. More information about the conference is available here:

https://www.pbli.com/locgov22

Time Limit Imposed on “Emergencies” under the Emergency Program Act

In the recent decision of Rosewall v. Sechelt (District of), 2022 BCSC 20, Justice Gomery of the BC Supreme Court has found the Province liable in nuisance arising from circumstances related to the exercise of statutory authority contained in the Emergency Program Act (“EPA“). In his decision, Justice Gomery concluded that the EPA contemplates an emergency as only being “of a temporary nature, as opposed to a usual and enduring state of affairs”. The decision has potential implications for any local governments with states of local emergency that are regularly being extended. (more…)

Stewart McDannold Stuart – Holiday Hours

Our office will be closed December 24, 27, and 28. We will be open December 29, 30 and 31.

Season’s Greetings from Stewart McDannold Stuart

From all the lawyers and support staff at Stewart McDannold Stuart, we wish you all the best for the holiday season and a happy and prosperous New Year.

In lieu of sending greeting cards this year, we have made a donation to Cool Aid Society on behalf of Sandy Merriman House.

Reasonableness Review: A Case Study of Anderson v Strathcona Regional District

The BC Supreme Court has released reasons in Anderson v Strathcona Regional District, 2021 BCSC 1800 [Anderson] which provides an excellent example of the Court applying the reasonableness standard of review, as recently re-articulated by the Supreme Court of Canada in Vavilov, to decisions of a local government. (more…)

Josh Krusell Joins Partnership of Stewart McDannold Stuart

Stewart McDannold Stuart is pleased to announce that Josh Krusell will become a partner of the firm as of January 1, 2022. Josh attended law school at UVic, and started his legal career in Ontario with a large national firm before joining SMS as an associate early in 2018. Josh has a proven track record as a civil litigator, and will continue his work as a key member of our litigation group. We look forward to his contributions to the firm in this new role.