Articles & Publications

Article, Staff | May 26, 2026 | Michael Moll

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 illustrated the significant financial and emotional consequences to owners, and the significant financial and political risk to municipalities, that can arise from owners misunderstanding the tax sale process or being unaware that their property has been sold. The court has also recently considered the interplay between Aboriginal title and tax sales.

As presented at the GFOABC Annual Conference May 26, 2026, by Michael Moll.

Read Full Paper

Article, Staff | May 26, 2026 | Michael Moll and Aidan Andrews

When Tax Collection Goes Wrong

The collection of property taxes from ratepayers is a core function of British Columbia municipalities. Most of the time, taxes are imposed and collected without much fuss. On occasion, a municipal collector might discover that the municipality has made a mistake. This mistake could be a miscalculation in a tax notice, a misapplied payment or a misdirected refund. A larger error, such as an improperly imposed tax, could impact hundreds or thousands of ratepayers. Some mistakes can be more easily and cheaply addressed than others.

As presented at the GFOABC Annual Conference, May 27, 2025, by Michael Moll and Aidan Andrews. Paper revised May 2026.

Read Full Paper

Article, Staff | October 25, 2024 | Aidan Andrews

Encampments, Trespass Orders, and the Mitigation of Harms: Matsqui-Abbotsford Impact Society v. Abbotsford (City), 2024 BCSC 1902

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.

Read Full Article

Article, Staff | August 9, 2024 | Aidan Andrews

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.

Read Full Article

Article, Staff | July 10, 2024 | Aidan Andrews

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”).

Read Full Article

Article, Staff | May 16, 2024 | Michael Moll

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.

Read Full Article

Article, Publication, Staff | October 26, 2023 | Kai Hsieh

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.

Read Full Article

Article, Staff | June 1, 2023 | Michael Moll

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.

Read Full Article

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.

Read Full Article