Always Doesn’t Mean Forever: Reasonableness Reigns Supreme in Vavilov

Twenty years ago, the Supreme Court of Canada declared in the case of Nanaimo (City) v. Rascal Trucking Ltd.1, that the question of whether a local government was acting within the scope of its authority should be determined on the standard of correctness. Subsequently, the Supreme Court of Canada affirmed that such a question “will always be reviewed on a standard of correctness”.2

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Andrew Buckley Joins Stewart McDannold Stuart

We are pleased to announce that Andrew Buckley has joined Stewart McDannold Stuart as an associate. Andrew is a knowledgeable civil litigator with experience in all levels of court, as well as municipal, environmental and insurance law. Andrew will be working with our litigation group, providing services to our local government clients.

Stewart McDannold Stuart – Holiday Hours

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

Season’s Greetings from Stewart McDannold Stuart

From all of 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 the BC SPCA Wild Animal Rehabilitation Centre (Wild ARC).

Upcoming Capilano University (Parksville Campus) Presentation

On November 15, 2019 Kathryn Stuart will be teaching a session in Parksville on administrative law as part of Capilano University’s PADM Course in Municipal Law.

Societies and the Civil Resolution Tribunal

On July 15, 2019, sections of Bill 22, Civil Resolution Tribunal Amendment Act, British Columbia, 2018, c.17 came into force and amended the Civil Resolution Tribunal Act, SBC 2012, c.25 (the “CRTA“) and the Societies Act, SBC 2015, c.18 (the “Societies Act“). The amendments provide the Civil Resolution Tribunal (the “CRT“) with jurisdiction to resolve disputes over certain claims under the Societies Act.

Societies should be aware of these amendments because members may apply to the CRT in order to challenge a society’s interpretation or application of the Societies Act as well as certain actions, threatened actions or decisions of a society. Also, citizens may apply to the CRT in order to challenge a society’s decision or interpretation of provisions respecting access to records or financial statements.

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TOLGMA Conference

Ryan Bortolin will be attending the 2019 TOGLMA Conference, presenting on Rights & Responsibilities of Public Interface Workers. He will be discussing the responsibilities of local government, as a public service industry, to protect both their employees and the public.

Teaching Local Government Law Course at Uvic

Kathryn Stuart and Peter Johnson are returning to teach the Local Government Law course in the School of Public Administration at the University of Victoria for the Fall 2019 semester. This course provides an analysis of legislation and court decisions applicable to local governments in British Columbia. The course endeavors to provide students with a broad, general knowledge of the field of local government law; legal reasoning and how to recognize potential legal problems and understand and evaluate legal advice; and to demonstrate some of the ways in which local government law is used by the local governments to govern their affairs and to realize their purposes and objectives.

Plastic Checkout Bag Regulation Bylaw Quashed

In 2018, the City of Victoria successfully defended a petition brought by the Canadian Plastic Bag Association to quash the City of Victoria’s Checkout Bag Regulation Bylaw which prohibited businesses from providing customers with single-use plastic checkout bags. The Supreme Court determined that the Bylaw was a regulation of business and even though it may have incidental effects on the protection of the environment, that did not affect the validity of the Bylaw.

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LGMA Corporate Officers Forum

Kathryn Stuart will be attending the LGMA Corporate Officers Forum in Prince George. On October 3rd, she will be presenting a session on “The Collection and Protection of Personal Information – FIPPA Best Practices”.