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.
Reasons for Reconsideration Refusals: BC Supreme Court Reviews the Sufficiency of Reasons in the Context of a Reconsideration of a Business Licence Refusal
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.
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”).
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…)
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…)
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.
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…)
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…)
Vancouver Councillor and Bar Owner Found Not to Have Conflict of Interest Relating to Vote on COVID-19 Measures Affecting Local Restaurants
A recent court decision confirms that the interest or bias that is required to prove an elected official has a conflict of interest is one that relates to the distinct interest of the elected official in the particular case and is not merely some financial interest possessed by that elected official that she or he shares with other fellow electors. (more…)
Cancellation of the COVID-19 State of Emergency – Transition from the COVID-19 Related Measures Act and the new Municipal Affairs Statutes Amendment Act, 2021
As of the end of the day on June 30, 2021, the COVID-19 State of Emergency, as previously declared under the Emergency Program Act (British Columbia), was cancelled. The Province is now in a period of transition under the COVID-19 Related Measures Act, SBC 2020, c. 8. The COVID-19 Related Measures Act was adopted to enact as statute law various Ministerial Orders that had been made under the Emergency Program Act (“COVID-19 Orders”) in response to the COVID-19 pandemic. (more…)