Stewart McDannold Stuart
Permit Pitfalls: Lessons for Local Governments from Vanderhaeghe
Thomas Haughian
Advice and Advocacy for Local Government
June 20, 2024

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.

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Stewart McDannold Stuart
Marshall Putnam Joins Stewart McDannold Stuart
Advice and Advocacy for Local Government
June 20, 2024

Marshall Putnam has joined SMS as a litigation associate. Prior to joining us, Marshall practiced in Kamloops, B.C. in the area of Charter litigation, constitutional challenges, and tortious claims. He recently earned his Master of Laws degree from University of Edinburgh after previously receiving his Juris Doctor degree from University of Calgary. We are excited to have Marshall join our team.



2nd Floor, 837 Burdett Ave.

Victoria, British Columbia

Canada  V8W 1B3

 

PH: 250.380.7744

FX: 250.380.3008

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Stewart McDannold Stuart
Matt McCarthy Joins Stewart McDannold Stuart
Advice and Advocacy for Local Government
June 20, 2024

Matt McCarthy has joined SMS as a litigation associate. Prior to joining us Matt worked at a leading regional firm in its Calgary office. Matt received his Juris Doctor from the University of Alberta, and and has recently transferred to the B.C. Bar. We are excited to have Matt join our team.



2nd Floor, 837 Burdett Ave.

Victoria, British Columbia

Canada  V8W 1B3

 

PH: 250.380.7744

FX: 250.380.3008

www.sms.bc.ca

[email protected]

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Stewart McDannold Stuart
BCSC Affirms: Good Faith Local Government Decisions to Not Enforce Bylaws Are Immune From Negligence Claims
Josh Krusell
Advice and Advocacy for Local Government
June 20, 2024

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.” Click here to continue reading at sms.bc.ca



2nd Floor, 837 Burdett Ave.

Victoria, British Columbia

Canada  V8W 1B3

 

PH: 250.380.7744

FX: 250.380.3008

www.sms.bc.ca

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Stewart McDannold Stuart
Kyle Falk-Varcoe Joins Stewart McDannold Stuart

Advice and Advocacy for Local Government
June 20, 2024

Stewart McDannold Stuart is pleased to welcome our newest associate, Kyle Falk-Varcoe. Kyle is a graduate of the University of Victoria and was called to the bar in 2022 before working at a leading national firm in Vancouver. Kyle is relocating back to Vancouver Island and will be working with our solicitors group providing services to our local government clients.



2nd Floor, 837 Burdett Ave.

Victoria, British Columbia

Canada  V8W 1B3

 

PH: 250.380.7744

FX: 250.380.3008

www.sms.bc.ca

[email protected]

Please visit our website for the terms of use applicable to this document.

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