Stewart McDannold Stuart
Public Law Duties ≠ Private Law Duties of Care
Andrew Buckley
Advice and Advocacy for Local Government
September 30, 2022

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



2nd Floor, 837 Burdett Ave.

Victoria, British Columbia

Canada  V8W 1B3

 

PH: 250.380.7744

FX: 250.380.3008

www.sms.bc.ca

logolaw@sms.bc.ca

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

This email was sent to [email address].
To unsubscribe, click https://www.sms.bc.ca/unsubscribe


Stewart McDannold Stuart
Amendments to Sign Bylaw Leads to Constitutional Challenge and Allegations of Bad Fait
Jessica Eastwood
Advice and Advocacy for Local Government
September 30, 2022

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



2nd Floor, 837 Burdett Ave.

Victoria, British Columbia

Canada  V8W 1B3

 

PH: 250.380.7744

FX: 250.380.3008

www.sms.bc.ca

logolaw@sms.bc.ca

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

This email was sent to [email address].
To unsubscribe, click https://www.sms.bc.ca/unsubscribe


Stewart McDannold Stuart
Reasons for Reconsideration Refusals: BC Supreme Court Reviews the Sufficiency of Reasons in the Context of a Reconsideration of a Business Licence Refusal
Paige Gibson
Advice and Advocacy for Local Government
September 30, 2022

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



2nd Floor, 837 Burdett Ave.

Victoria, British Columbia

Canada  V8W 1B3

 

PH: 250.380.7744

FX: 250.380.3008

www.sms.bc.ca

logolaw@sms.bc.ca

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

This email was sent to [email address].
To unsubscribe, click https://www.sms.bc.ca/unsubscribe


Stewart McDannold Stuart
SMS: Legal Bulletin
Advice and Advocacy for Local Government
September 30, 2022

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.



2nd Floor, 837 Burdett Ave.

Victoria, British Columbia

Canada  V8W 1B3

 

PH: 250.380.7744

FX: 250.380.3008

www.sms.bc.ca

logolaw@sms.bc.ca

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

This email was sent to [email address].
To unsubscribe, click https://www.sms.bc.ca/unsubscribe


Stewart McDannold Stuart
2022 LGMA Annual Conference
Advice and Advocacy for Local Government
September 30, 2022

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.



2nd Floor, 837 Burdett Ave.

Victoria, British Columbia

Canada  V8W 1B3

 

PH: 250.380.7744

FX: 250.380.3008

www.sms.bc.ca

logolaw@sms.bc.ca

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

This email was sent to [email address].
To unsubscribe, click https://www.sms.bc.ca/unsubscribe