Local governments, like other public bodies and officials, are required by legislation to perform specific public duties and responsibilities. If these “public law duties” are not conducted correctly, this may be grounds for finding that the decision or action was improper, and a court may send the matter back for reconsideration. However, it does not necessarily give rise to a claim in negligence. To successfully bring a lawsuit for negligence, the plaintiff must show that the public body or official owed the plaintiff a “private law duty of care”. Click here to continue reading at sms.bc.ca

Kaps v City of Surrey, 2022 BCSC 1191 (“Kaps“) is a recent decision of the BC Supreme Court which highlights the importance of ensuring that prohibitions in a sign bylaw are clear and concise in meaning so as to avoid infringing the constitutional protection for  freedom of expression. The Kaps decision also reiterated the evidentiary burden that must be met when a person alleges that a bylaw was enacted for an improper motive or in bad faith. Click here to continue reading at sms.bc.ca

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.

Click here to continue reading at sms.bc.ca

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.

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.