Stewart McDannold Stuart
Municipal Liability for Negligent Building Inspection and How to Manage Risk
Josh Krusell
Advice and Advocacy for Local Government
April 19, 2021

A decision of the Ontario Superior Court from January 2021 highlights the serious financial risk to municipalities that regulate building construction and provides an opportunity for re-visiting best practices for managing such risk. Click here to continue reading at sms.bc.ca



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Stewart McDannold Stuart
Court says Local Governments Cannot Regulate within the Province’s Exclusive Jurisdiction over Mining
Jessica Eastwood
Advice and Advocacy for Local Government
April 19, 2021

In the recent decision of O.K. Industries Ltd. v District of Highlands, 2021 BCSC 81, the BC Supreme Court reaffirmed that the Province has exclusive jurisdiction over “mines” and “mining activities” as each are defined in the Mines Act, RSBC 1996, c. 293.

This decision is important for local governments as it confirms that in relation to mines, mining activities, and other associated and integral activities, including reclamation, a local government cannot exercise its authority over things such as land use, certain buildings, soil deposit and removal, trees, and blasting. 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

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Stewart McDannold Stuart
Snow and Ice Clearing Bylaws Do Not Make Adjacent Private Property Owners Liable to Slip-and-Fall Claimants but May Insulate Local Governments
Josh Krusell
Advice and Advocacy for Local Government
April 19, 2021

Many local governments in B.C. have adopted bylaws that require property owners to clear snow and ice from the sidewalks adjacent to their properties. Questions have been raised whether the imposition of this responsibility in a bylaw also makes the property owner legally liable in negligence if a person were to be injured after slipping and falling on uncleared snow or ice on an adjacent sidewalk.

In Der v. Zhao, 2021 BCCA 82, the B.C. Court of Appeal recently conducted a thorough negligence analysis on this question and found that residential property owners do not owe a duty of care to pedestrians passing by on sidewalks adjacent to their properties that are owned by municipalities, even where a bylaw makes them responsible for snow and ice clearing. The Court found that the local government remains the “occupier” of the public sidewalk and that a breach of a bylaw requirement by the adjacent residential property owner does not give rise to the sufficient proximity required to establish a duty of care to persons passing on the sidewalk. 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

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Stewart McDannold Stuart
Private Property Rights, the Common Law and Land Use Regulation
Heidi Boudreau
Advice and Advocacy for Local Government
April 19, 2021

On January 22, 2021, the BC Court of Appeal issued its judgment in Fonseca v Gabriola Island Local Trust Committee, 2021 BCCA 27, which overturned the trial decision from 2018. 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

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Stewart McDannold Stuart
Amendments to the Environmental Management Act and Contaminated Sites Regulation: the Local Government Perspective
David Giroday, Andrew Buckley
Advice and Advocacy for Local Government
April 19, 2021

On February 1, 2021, several significant amendments to the Environmental Management Act, SBC 2003, c 53 (the “Act”) will come into force and which will result in a substantial overhaul of the Contaminated Sites Regulation, BC Reg 375/96 (the “CSR”). These changes reflect the efforts of the Province to streamline and clarify the process for addressing contaminated sites while addressing purported weaknesses within the previous regime through a mandatory investigation process for contaminated sites.  With these amendments come a number of changes to the Act and applicable regulations that will impact local government responsibilities in the regulation of contaminated sites. 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

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