On July 19, 2021, the Supreme Court of British Columbia found that the City of New Westminster’s termination of a private licence agreement to rent its facility, infringed the Redeemed Christian Church of God, also known as the Grace Chapel’s Charter right to freedom of expression, and may have infringed its right to freedom of religion in Redeemed Christian Church of God v. New Westminster (City), 2021 BCSC 1401.
Articles & Publications
Article, Students | December 5, 2020 |
1909988 Ontario Limited v. North Cowichan (Municipality), 2020 BCSC 1666
Unlike the courts, administrative decision makers, such as local governments, do not have to follow their previous decisions. This has caused inconsistency amongst decisions and courts have criticized such unpredictability.
Article, Staff | November 2, 2020 |
Canada’s COVID Alert App: Not Tracking You or COVID-19
On July 31, 2020, the federal government launched its long-awaited COVID Alert app (“Covid Alert” or the “App”). The App seeks to bolster contact tracing by letting people know if they have been in contact with a person who has tested positive for COVID-19.
Article, Staff | October 13, 2020 |
The BC Court of Appeal Rules on Local Government Liability in Abdi v. Bottomleys and City of Burnaby
In 2014, the plaintiff, Ms. Abdi, was seriously injured during a gathering at the residence of the defendant tenants, Mr. and Ms. Bottomley. Ms. Abdi and other guests were gathered around a fire in the Bottomley’s backyard that was contained in a wheel rim acting as a fire pit. Mr. Bottomley poured used motor oil onto the fire, causing an explosion that severely burned Ms. Abdi.
Article, Students | October 13, 2020 |
British Columbia’s New Arbitration Act
British Columbia’s arbitration legislation had not undergone major revisions in over 30 years. However, the new Arbitration Act1 (the ‘Act’) and Arbitration Regulation2 (the ‘Regulation’) came into force on September 1, 2020, at which time the previous act and regulation were repealed.
Article, Students | July 29, 2020 |
The Professional Governance Act: Has the Duty to Report Been Expanded?
It is common for natural resource professions to be overseen by self-governing associations of fellow professionals. However, the recently enacted Professional Governance Act (PGA) will change this arrangement for at least five professional regulatory bodies. The five formerly self-governing professions to be brought within the PGA are…..
Article, Students | July 17, 2020 |
Requesting ID – Bylaw Enforcement Officers’ Scope of Authority
At one time, it was widely believed in the local government bylaw enforcement community that bylaw enforcement officers did not have the power to require identification. Although identification is often necessary to issue a violation ticket, there remained uncertainty around whether individuals were obligated to provide such information. Refusals were commonplace. However, bylaw enforcement officers are in fact empowered to request identification and such refusals may be contrary to law. We discuss the scope of bylaw enforcement officers’ authority to request identification below…
Article, Staff, Students | July 14, 2020 |
0956375 B.C. Ltd. v. Regional District of Okanagan-Similkameen, 2020 BCSC 743
On May 13, 2020, the Supreme Court of British Columbia considered two actions against the Regional District of Okanagan-Similkameen (“RDOS”) regarding a downzoning of a property on Osoyoos Lake (“Property”) to correct an error.
Mr. Grelish, a sophisticated land and property developer, was the directing mind of both corporate Plaintiffs. Since 2002, Mr. Grelish had made several fruitless attempts to have the zoning of the Property changed from Large Holdings (“LH”) to RM1, to increase the Property value. In 2005, an RDOS staff member accidentally entered the zoning designation for the Property into the database as RM1…
Article, Staff | July 3, 2020 |
The Architectural Institute of British Columbia v. Langford (City), 2020 BCSC 801
In 2016, the City of Langford’s Chief Building Inspector issued a building permit for the construction of a residential / commercial strata complex. An architect was not involved in the project – the design and drawings were completed by a designer. The Architects Act (the “Act”) required the involvement of an architect in the project as the building exceeded 470 m2 in gross area. The AIBC (the professional body that regulates the profession of architecture in British Columbia) brought a petition seeking a declaration that the decision to issue the building permit was unreasonable…
Article | June 1, 2020 |
COVID-19 (Coronavirus) Safety Plan
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