Kathryn Stuart will be attending the LGMA Corporate Officers Forum. On October 8th, she will be presenting a session on Ethics and the Law.
Electronic Meetings: Bill 10 Requires Adoption of New Procedure Bylaw Provisions For Continuation of Electronic Meetings
Vancouver Councillor and Bar Owner Found Not to Have Conflict of Interest Relating to Vote on COVID-19 Measures Affecting Local Restaurants
Snow and Ice Clearing Bylaws Do Not Make Adjacent Private Property Owners Liable to Slip-and-Fall Claimants but May Insulate Local Governments
Amendments to the Environmental Management Act and Contaminated Sites Regulation: the Local Government Perspective
On August 20, 2020, the Supreme Court of Canada granted leave to hear a future appeal in the matter of Marchi v. City of Nelson.
This case arose from an incident in Nelson, BC in January 2015. The City was experiencing a heavy snowfall and on the early morning of January 5 sent out City crews to plow the main downtown area. The plowing created snowbanks along the curb and onto the sidewalk of the streets. On January 6, 2015, Ms. Marchi parked her car along Baker Street in downtown Nelson and attempted to make her way to the sidewalk. Seeing no other convenient way of getting to the sidewalk, she attempted to walk over the snowbank left by the City’s work crews, which was approximately 2’ high, 2-3’ wide, and appeared to run the length of the block. As Ms. Marchi attempted to cross the snowbank, her right foot sunk deep into the snow and she suffered a serious injury to her leg. Ms. Marchi sued the City, alleging it was negligent in leaving the snowbanks along the road without spaces for pedestrians to cross from their car onto the sidewalk. (more…)
The recent decision of Pellegrin v. Wheeldon, 2020 BCPC 143 reads as an “instructable” on neighbourly nuisances. In Judge Catherine Crockett’s judgment she reviews a lengthy history of behaviour between neighbours that would make Mr. Rogers shudder. Judge Crockett uses this decision as an opportunity to give a lesson on the torts of nuisance and trespass, and the differences and similarities between these causes of actions. As most local governments have the power to regulate or prohibit nuisances by bylaw pursuant to sections 8(3)(h) and 64 of the Community Charter or Division 6 of Part 9 of the Local Government Act, it is an interesting case to read for the sheer volume of different types of objectionable behaviour that are captured in the decision.
In the context of the novel coronavirus, employers in British Columbia, including local governments, have been increasingly faced with difficult decisions relating to contracts of employment. Employers are contending with the need to balance their obligations towards employees with the practical and financial realities of maintaining operations. In the present circumstances, employers are therefore increasingly resorting to layoffs as a means of attenuating the financial and operational impact of COVID-19. (more…)
On June 17, the Minister of Public Safety and Solicitor General issued a new order under the Emergency Program Act relating to local government meetings and timing requirements for bylaw passage, with the intent of moving local governments toward more normal operations.
Ministerial Order 192 (which can be found here) repeals and replaces MO139. While still permitting flexible conduct of local government business in light of COVID-19, such as conducting public hearings and Council or Board meetings electronically where necessary, MO192 requires local governments to commence more normal operations by making “best efforts” to allow members of the public to attend open meetings of the local government. (more…)
Worker safety has been at the forefront of the operational concerns raised by employers in the context of the COVID-19 pandemic. As the province implements its Return Plan and workplaces, including local governments, cautiously reopen their doors, there is an urgent public health interest in preventing the spread of coronavirus. To this end, WorkSafeBC has released guidelines relating to COVID-19 and Returning to Safe Operation – Phase 2 in order to help employers navigate their heightened obligations to employees. In addition, WorkSafeBC has now required all employers to develop a COVID-19 Safety Plan which outlines the policies, guidelines and procedures the employer has put in place in order to reduce the risk of COVID-19 transmission. (more…)
Damages Claim Relating to a Zoning Error Dismissed for Failing to Establish a Private Law Duty of Care Where Only a Public Duty Existed
The BC Supreme Court recently dismissed an action brought against the Regional District of Okanagan-Similkameen (the “RDOS”) by a land owner and developer seeking lost profits and other damages relating to the alleged frustration of his attempts to move forward with a planned large-scale development. Jeff Locke and Josh Krusell of Stewart McDannold Stuart successfully defended the RDOS in this proceeding. The developer’s claim largely related to the decision of the RDOS Board to down-zone the subject property after it was discovered that the property had been inadvertently up-zoned years earlier. (more…)
On May 15, the Minister of Public Safety and Solicitor General issued a new order under the Emergency Program Act that relates to local government financial matters affected by COVID-19.
Borrowing from Reserve Funds
The order states that municipalities, regional districts, improvement districts, and other specified bodies may, during the 2020 calendar year, borrow from reserve funds, on certain conditions. The money borrowed must be used for operational shortfalls during 2020, and must be repaid to the applicable fund by the end of 2025. No interest need be charged. If money remains outstanding at the end of 2025, that money must be added to the 2026 financial plan, budget or estimate, as applicable, as a cash transfer to reserves, plus a penalty equal to 5% of the outstanding amount. (more…)
Court Finds that Zoning Bylaw is Consistent with Official Community Plan and Denies Challenge Brought by Community Association against High-density Development
The B.C. Supreme Court recently dismissed a judicial review petition challenging the validity of a Town of Gibsons zoning bylaw amendment on grounds that it conflicted with the Official Community Plan (OCP) by allowing for a new high-density residential development in Gibsons. (more…)
Last year, the Supreme Court of Canada in the decision of Canada (Minister of Immigration) v Vavilov, 2019 SCC 65 (“Vavilov”), revised the test for determining the applicable standard of review in judicial review decisions. Following Vavilov, the default standard of review is reasonableness, subject to a few very specific exceptions. For a more detailed analysis of Vavilov see a summary of the decision previously published on our website here.
As most types of local government decisions do not fall into the limited exceptions, we have been waiting to see how the new judicial review test and framework will play out in the context of local government decisions. We recently provided analysis of a local government judicial review in the post-Vavilov world conducted by the BC Supreme Court, which can be found here. (more…)