Articles & Publications

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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Article, Staff | |

Social Procurement: From Origin to Implementation

For anyone involved with purchasing within a local government organization, talk of social procurement has unlikely gone unheard.  It is a growing topic of discussion and interest, and we are seeing more and more communities embracing it and organizations taking steps to implement it into their purchasing policies.  This article touches on the evolution of procurement that has led to the introduction of social impact purchasing, and discusses the approach that local governments may take to establish the practice within their own organization…

 

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Contract Negotiation and Performance – The Operating Principle of “Good Faith”

The obligation to either negotiate or perform in “good faith” is found in many commercial agreements.  While these are “big picture” concepts, they can have very real implications when a dispute arises.  In recent years, the Supreme Court of Canada and the Ontario Superior Court of Justice have issued judgments that provide guidance on what commercial behavior Canada’s common law courts may, or may not, find acceptable…

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Article, Staff | |

Emergency Preparedness: Plan, Prepare & Practice

Like other jurisdictions across the country, British Columbia is at risk for numerous emergencies and disasters, including flooding, forest fires, severe water shortages, tsunamis, storm surges, landslides, avalanches, power outages, hazardous material spills and disease outbreaks. While emergency planning and response is a shared responsibility across all levels of government, citizens largely depend on and expect local governments to provide effective, coordinated response in local emergency situations…

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Article, Staff | |

Wu v. Vancouver (City), 2019 BCCA 23

The release of the Court of Appeal’s decision in Wu v. Vancouver (City) has been highly anticipated by municipal lawyers. If denied, the appeal would have established a duty for municipal officials to make decisions on development permits within a reasonable time. The trial judge found that…

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