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…)

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…)

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…)

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…)

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…)

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…)

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…)

In the recent case of R. v. Greater Sudbury (City), 2023 SCC 28 (“Sudbury”), the Supreme Court of Canada expanded the legal duties and potential liability of “employers” under occupational health and safety (“OHS”) legislation to owners of construction projects.  As a decision of the highest court in Canada, Sudbury could have significant implications for local governments nationwide.  However, it is unlikely to impact local governments in British Columbia because of differences between Ontario’s and British Columbia’s OHS legislation. (more…)

A recent decision of the BC Court of Appeal affirms a local government’s authority to act quickly and in good faith to forestall development via downzoning of lands, and it clarifies the doctrine of “commitment to use” in respect of claims of an owner that it has already established a lawful non-conforming use.

In Onni Wyndansea Holdings Ltd. v. Ucluelet (District), 2023 BCCA 342, the Court dismissed an appeal by a developer, Onni Wyndansea Holdings Ltd. (“Onni”), seeking to quash zoning bylaws made by The District of Uclulet (the “District”) which downzoned its property and impeded its development plans or, in the alternative, seeking a declaration that Onni had a lawful non-conforming use for the property which would cause any downzoning to be inapplicable to its plans.

(more…)