Background In June 2024, an encampment was established to protest the City of Abbotsford’s (the “City”) alleged mistreatment of unhoused individuals and the lack of adequate shelter options (the “Encampment”).…
On August 1, 2024, the new Fire Safety Act was brought into force, replacing the Fire Services Act. The purpose of this bulletin is to highlight certain elements of this…
In recent years, the housing crisis in British Columbia has become a pressing issue for all levels of government. In the recent case of Vancouver (City) v. Pender Lodge Holdings…
Background During their operations, local governments collect a wide variety of personal information – this may include individuals’ names, addresses, telephone numbers, and financial information. As public bodies under the…
Local Government’s Powers Regarding Homeless Encampments The BC Supreme Court recently issued a decision that impacts local governments’ ability to address homeless encampments that pose a fire risk: Vandenberg v.…
Introduction BC Courts have previously confirmed that a property owner cannot be held liable in negligence for injuries sustained by a third party when a property owner fails to clear…
Introduction Fulton recently acted for the Regional District of North Okanagan (“RDNO”) in litigation concerning a dispute involving public lands and Provincial foreshore licenses. The resulting decision, which dismissed all…
Introduction On October 16, 2023, the Province announced new legislation regarding short-term rentals: The Short-Term Rental Accommodations Act. This Act was brought into force on October 26, 2023. This new…
Introduction On October 4, 2023, the Province announced new emergency management legislation: the Emergency and Disaster Management Act. On November 8, 2023, this Act was given royal assent and brought…
In Michetti v. Pouce Coupe (Village) 2022 BCSC 472, the BC Supreme Court confirmed that a municipal Council owes a duty of procedural fairness to individual Council members (including the…
Corner Brook (City) v. Bailey, 2021 SCC 29 Facts While driving her husband’s car, Mary Bailey struck a City employee who was performing roadwork. The employee sued Bailey for his…
CLICK to download the PDF Yesterday, the Supreme Court of Canada released its decision in the City of Nelson snow clearing case (Nelson (City) v. Marchi, 2021 SCC 41) in
CLICK to download the PDF Local governments can breathe a sigh of relief after the recent decision of the British Columbia Court of Appeal in Rai v Sechelt, 2021 BCCA…
CLICK to download the PDF In The Redeemed Christian Church of God v. New Westminster (City) 2021 BCSC 1401, the court declared that the City of New Westminster infringed a…
The recent case of English v. Richmond (City), 2020 BCSC 1642 provides clear direction for local governments who are regulating the production and cultivation of cannabis; specifically, the case articulates…
On June 20, 2018, Prime Minister Justin Trudeau announced that the Cannabis Act would take force and legalize non-medical cannabis use on October 17, 2018, though it officially received Royal…
The Yukon Court of Appeal in Mega Reporting Inc. v Yukon (Government of), 2018 YKCA 10 recently reinforced the ability of governments (including local governments) to rely on a waiver…
The BC Supreme Court in Coffey v Fraser Valley (Regional District), 2018 BCSC 959 recently ruled on an alleged breach of the Canadian Charter of Rights and Freedoms arising from…
The British Columbia Court of Appeal recently upheld a trial decision in which the City of Salmon Arm was found liable in negligence for failing to follow its policy with…
The Province Releases Draft Cannabis Legislation The Province of BC released draft legislation today for the regulation of the distribution, sale and use of non-medical cannabis, affirming public health and…
Introduction Global warming has altered the world climate to the extent that we are now seeing the real effects of climate change. More rain and flooding, larger forest fires and…
In The Corporation of the City of Victoria v Zimmerman et al, 2018 BCSC 321 (“Zimmerman”), the City of Victoria sought a statutory injunction against several respondents for zoning bylaw…
In another in a long line of decisions dealing with the law of tendering, the BC Court of Appeal’s decision in Maglio Installations Ltd. v Castlegar (City) 2018 BCCA 80…
The Province of BC announced plans for the regulation of the sale and use of non-medical cannabis today. As expected retail cannabis sales will occur along the same lines as…
Klonteig v. West Kelowna (District), 2018 BCSC 124 Introduction The British Columbia Supreme Court recently released a decision confirming that local governments should proceed with caution when considering whether to…
Green Dragon Medicinal Society v. Victoria (City) 2018 BCSC 116 Introduction The British Columbia Supreme Court has recently upheld the City of Victoria’s decision to deny a rezoning application submitted…
Wu v. Vancouver (City), 2017 BCSC 2072 Case Summary On November 14, 2017, the British Columbia Supreme Court released its decision in Wu v Vancouver (City), 2017 BCSC 2072: (“Wu”),…
On April 13, 2017, the federal government introduced legislation to decriminalize and regulate the recreational use of cannabis (otherwise known as marijuana) in Canada. The target date for implementation is…
The Provincial Government has recently enacted the Conflict of Interest Exceptions Regulation in response to the British Columbia Court of Appeal’s decision in Schlenker v Torgrimson, 2013 BCCA 9 (“Schlenker”).…
True Construction Ltd. v Kamloops (City), 2016 BCCA 173 Introduction On April 21, 2016, The British Columbia Court of Appeal released the decision True Construction Ltd. v Kamloops (City), 2016…
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