Articles & Publications

Article, Staff | |

COVID – 19: Can B.C. Local Governments Hold Meetings Online?

March 26, 2020 UPDATE

For the duration of the provincial state of emergency (which means it is retroactive), local governments are not required to have the public attend and do not need to comply with the Community Charter or Local Government Act requirements for electronic meetings or participation by Council or Board members by electronic means…..

 

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Article, Students | |

COVID-19: Suspension of Regular Court Operations (continued)

March 26, 2020 UPDATE

On March 26, 2020, the Province ordered that, for the duration of the provincial State of Emergency, every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding, claim or appeal must be commenced in the Provincial Court, Supreme Court or Court of Appeal is suspended…..

 

 

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Article, Staff | |

COVID-19: Suspension of Regular Court Operations

March 26, 2020 UPDATE

On March 26, 2020, the Province ordered that, for the duration of the provincial State of Emergency, every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding, claim or appeal must be commenced in the Provincial Court, Supreme Court or Court of Appeal is suspended…..

 

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Article, Students | |

Local Government Decision-Making: A Reminder on the Duty of Procedural Fairness

The duty of procedural fairness concerns the processes that must be followed before, during, and after a decision is made. For local governments, this means ensuring that decisions are made within the scope of its authorizing legislation, acknowledging the role that the public participatory process serves in the ultimate decision that is to be made, and complying with conditions established in common law standards of procedural fairness. Courts may look at requirements such as: clear communication; timeliness; proper record-keeping; proper notice; clear reasons for the decision; and providing an opportunity for the applicant to be heard and present their case…

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Article, Staff | |

A Challenge to a Local Government’s Requirements for Property Rentals

In this May 14, 2019 decision, the owners of strata units in a hotel in Whistler and their real estate management companies commenced a judicial review challenging the Resort Municipality of Whistler’s (the “RMOW”) amendments to its Zoning and Business Licensing Bylaws as well as a s. 219 covenant registered on title to the strata lands in favour of the RMOW (the “Rental Pool Covenant”)…

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