In a decision not to grant an injunction to prevent clearance of a homeless encampment, the Supreme Court of British Columbia gave tacit approval to the City’s use of a trespass notice under the Trespass Act. Nonetheless, in light of the Charter infringements alleged by the petitioner, the Court imposed demanding conditions on how the City must carry out the removal to mitigate impacts on individuals with disabilities and substance abuse disorders.
Articles & Publications
Article, Staff | August 9, 2024 |
BC Fire Safety Act Comes Into Force
As of August 1st, 2024, the new Fire Safety Act is in force, replacing the former Fire Services Act. The Fire Safety Act received royal assent in 2016 but was not brought into force until now due to concerns about regional districts’ capacity to take on fire inspection duties. Local governments will be interested in several features of the legislation.
Article, Staff | July 10, 2024 |
Court of Appeal Rules Class Action Plaintiffs Can Pursue Claim for Careless Safeguarding of Personal Information
Local governments, take note: your exposure to liability arising from a data breach might be greater than you think. In G.D. v. South Coast British Columbia Transportation Authority, 2024 BCCA 252, the Court of Appeal for British Columbia held that an application to certify a class proceeding against a public body whose computer system had been penetrated by hackers should not have been struck for failure to disclose a cause of action. In so doing, the Court recognized that data custodians’ obligation to protect personal information they hold is not limited to that set out in the Freedom of Information and Protection of Privacy Act (“FIPPA”).
Article, Staff | June 3, 2024 |
Legal Issues in Municipal Tax Sales – 2024
Tax sales have been a municipal collection remedy in British Columbia for over a century. More recently, tax sales of property in Penticton, Spallumcheen and Pemberton have attracted media attention and revealed the significant financial and emotional risk to owners, and the significant liability risk to municipalities, that can arise from misunderstanding or being unaware that a property has been sold for municipal tax sales. When conducting a tax sale, a collector’s first reference should always be to the procedures set out in the Local Government Act, RSBC 2015, c 1 and the Community Charter, SBC 2003, c 26 .1 The intention of this paper is to provide supplementary commentary on legal issues that arise from matters not expressly covered in the statute.
Presented at the GFOABC Annual Conference in Kamloops, BC on June 4, 2024.
Article, Staff | May 16, 2024 |
Questions of Duty, Discretion and Liability: When Every Bylaw Cannot be Effectively Enforced Everywhere All at Once
A local government bylaw enforcement officer will be aware of many bylaw contraventions within their community. The responses from the community and the local government to these contraventions may differ widely. This paper addresses several questions that commonly arise with regard to when and how bylaw enforcement action should be taken.
Presented at the LGCEA Annual Conference on May 16, 2024.
Article, Publication, Staff | October 26, 2023 |
Short-Term Rental Accommodations Act: A Summary of Bill 35 – 2023
The Government of British Columbia has introduced Bill 35, which, if passed, would enact the Short-Term Rental Accommodations Act. The Act is intended to regulate and curtail the listing of rentals of less than 90 days or as otherwise prescribed by regulation in communities throughout the province as part of its Homes for People Action Plan introduced in the spring of 2023. The Act aims to increase fines and strengthen enforcement tools for local governments, return short-term rentals to the long-term rental market, and establish provincial rules and enforcement.
Article, Staff | June 1, 2023 |
Tree Protection: Trees, Unlike Dogs, are All Bark and No Bite
This paper provides a review of the regulatory tools that municipalities and local governments use to protect urban forests and environmentally sensitive areas through tree protection bylaws and the regulation of development. Regulation depends on enforcement, and this paper discusses some strategies for achieving effective enforcement in relation to trees.
Presented at the LIBOA Annual Conference, June 1, 2023.
Article, Staff | May 29, 2023 |
Legal Issues in Municipal Tax Sales
Tax sales have been a municipal collection remedy in British Columbia for over a century. More recently, tax sales of property in Penticton, Spallumcheen and Pemberton have attracted media attention and revealed the significant financial and emotional risk to owners, and the significant liability risk to municipalities, that can arise from misunderstanding or being unaware that a property has been sold for municipal tax sales. When conducting a tax sale, a collector’s first reference should always be to the procedures set out in the Local Government Act and the Community Charter. The intention of this paper is to provide supplementary commentary on legal issues that arise from matters not expressly covered in the statute.
Presented at the GFOABC Annual Conference, May 30, 2023.
Article, Staff | April 19, 2023 |
The British Columbia Arbitration Act & Construction Disputes – Questions of Law and Grounds for Appeal
Disputes and conflicts routinely arise between owners, builders, contractors and other parties during the planning, design, construction and post-construction phases of a construction project. Delays, unforeseen work or property damage are common grounds for such disputes, which can often result in one of the parties incurring unanticipated costs for which they may seek recovery from the other parties. To address the risks that such disputes may arise, dispute resolution provisions are routinely incorporated into construction contracts to establish a process whereby the parties to a dispute will be required to participate in mediation, arbitration or other alternative dispute resolution processes.
Article, Staff | April 12, 2023 |
City of Revelstoke v. Gelowitz 2023 BCCA 139: A Cautionary Tale for Local Governments on the Duty to Warn Public Facility Users of Hazards
The British Columbia Court of Appeal has affirmed the lower court decision in which the City of Revelstoke (the “City”) was held liable for injuries sustained by the plaintiff after the plaintiff dove into a lake and into shallow water.
Although the plaintiff made his dive from private lands owned by a third party those lands were accessed by the plaintiff as part of a swim that began from the Williamson Lake Park and Campground, a pay-for-use park owned by the City. The plaintiff had been camping on the City-owned lands with friends and family and had entered the lake without seeing the “no diving” signs that had been posted elsewhere. The decision is notable because the City was held liable for not warning of the danger of diving from lands that were not owned by the City. This liability arose because the City invited members of the public into its lakefront park, had been made aware of the dangers posed to individuals diving into the lake area, and was aware that park users were routinely accessing other lands surrounding the lake where this danger was present.
The City was found to have failed to warn the plaintiff of the danger of diving into the lake by failing to have adequate warning signs placed in the vicinity of the lake warning of the dangers posed by diving into the water.