A recent decision of the BC Court of Appeal affirms a local government’s authority to act quickly and in good faith to forestall development via downzoning of lands, and it clarifies the doctrine of “commitment to use” in respect of claims of an owner that it has already established a lawful non-conforming use.

In Onni Wyndansea Holdings Ltd. v. Ucluelet (District), 2023 BCCA 342, the Court dismissed an appeal by a developer, Onni Wyndansea Holdings Ltd. (“Onni”), seeking to quash zoning bylaws made by The District of Uclulet (the “District”) which downzoned its property and impeded its development plans or, in the alternative, seeking a declaration that Onni had a lawful non-conforming use for the property which would cause any downzoning to be inapplicable to its plans.

(more…)

The BC government has introduced Bill 43 – 2022, the “Housing Supply Act” to the legislature, with the stated intention of providing “a framework for housing targets to be established for specified municipalities, and for the minister or Lieutenant Governor in Council to take certain actions if housing targets are not met.” The proposed legislation represents a significant incursion by the Province into local land use and planning authority, and provides the authority for the Province to directly override the decisions of municipal councils, including the power to enact a bylaw in the name of a municipality (more…)

Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36

The Supreme Court of Canada has issued a decision coming out of the province of Nova Scotia which broadens the basis upon which a local government may be held liable for “constructive taking” of private lands.

(more…)

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”. (more…)

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. (more…)