North Cowichan (Municipality) v. 1909988 Ontario Limited, 2021 BCCA 414
A recent case from the B.C. Court of Appeal has reversed the previous B.C. Supreme Court decision in 1909988 Ontario Limited v. North Cowichan (Municipality), 2020 BCSC 1666. We previously provided a summary of the trial decision, which can be found here.
On October 21, 2021, in Nelson (City) v. Marchi, the Supreme Court of Canada has lifted the fog in an attempt to provide clarity over the differences between the core policy decisions, which are immune from liability in negligence, and operational decisions, which are reviewable by the courts on a reasonableness standard.
Court of Appeal Upholds Metro Vancouver’s Notice to End Tenancy Following a Change From “Residential Use” to “Non-Residential Use”
The Metro Vancouver Regional District is the owner of the Belcarra Regional Park located in Belcarra and Port Moody. Metro Vancouver leases a portion of park, including seven cabins and other structures to the Belcarra South Preservation Society. The cabins are used for residential purposes, with most of the residents being directors of the Society. The lease between Metro Vancouver and the Tenant is a one-year fixed term tenancy that began on March 1, 2006 and converted to a month-to-month tenancy on March 1, 2007.
Under the Residential Tenancy Act property owners are permitted to evict tenants where they perform renovations to their property. However, with limited affordable housing available, evictions of tenants under the guise of performing renovations on units and then significantly increasing the rent on those units, commonly known as “renovictions”, pose an additional barrier for tenants to secure housing. To address this concern, the City of New Westminster amended its Business Regulations and Licensing (Rental Units) Bylaw, to regulate such renovictions, which has recently been upheld by the British Columbia Court of Appeal.
The summer of 2021 has seen unprecedented flooding, wildfires, heat waves, heavy rainfall, and other alarming weather-related events. The Intergovernmental Panel on Climate Change recently released its latest report (the “Report”) which confirms that much of the devastating weather events we have experienced this summer are the result of human-caused climate change.
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.
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.
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.
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.
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.