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.

 

 

 

What the Supreme Court of Canada’s Decision in Nelson (City) v Marchi Means for Local Government Policy Development and the Policy Immunity Defence

This month the Supreme Court of Canada (SCC) released its judgment in Nelson (City) v Marchi, 2021 SCC 4. The decision provides greater clarity on how to identify and assess “core policy decisions” of local governments. This is an important decision impacting on the availability of the “policy immunity defence”, of which all local governments in Canada should take notice.

(more…)

2021 LGMA Corporate Officers Virtual Forum

Kathryn Stuart will be presenting at the LGMA Corporate Officers Virtual Forum. On October 29th, she will be presenting a session on “The Ins and Outs of Committees and Commissions.”

Recent Decisions from the Court of Appeal with Respect to Restrictive Covenants

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. (more…)

British Columbia Court of Appeal Rules Approving Officer Insulated from Negligence Claims

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. (more…)