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…
Articles & Publications
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
Civic Legal is open and operational and persons attending the office are encouraged to first read the Safety Plan.
Article, Staff | March 26, 2020 |
COVID – 19: Can B.C. Local Governments Hold Meetings Online?
March 26, 2020 UPDATE
For the duration of the provincial state of emergency (which means it is retroactive), local governments are not required to have the public attend and do not need to comply with the Community Charter or Local Government Act requirements for electronic meetings or participation by Council or Board members by electronic means…..
Article, Students | March 23, 2020 |
COVID-19: Suspension of Regular Court Operations (continued)
March 26, 2020 UPDATE
On March 26, 2020, the Province ordered that, for the duration of the provincial State of Emergency, every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding, claim or appeal must be commenced in the Provincial Court, Supreme Court or Court of Appeal is suspended…..
Article, Staff | March 20, 2020 |
COVID-19: Suspension of Regular Court Operations
March 26, 2020 UPDATE
On March 26, 2020, the Province ordered that, for the duration of the provincial State of Emergency, every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding, claim or appeal must be commenced in the Provincial Court, Supreme Court or Court of Appeal is suspended…..
Article, Students | January 30, 2020 |
Statutory Rights of Way: Best Practices
The B.C. Supreme Court’s recent decision in Skene v. Ucluelet (District), 2019 BCSC 2051 is a helpful reminder on what factors the courts will take into consideration when determining the validity of a statutory right of way….
Article, Students | November 19, 2019 |
A Guide to Procurement Disputes
Procurement disputes are becoming more commonplace. This guide summarizes what owners and proponents should know about procurement, focusing on the tender and the RFP processes…
Article, Staff | August 26, 2019 |
City Found in Contempt of Court
On August 6, 2019, a Manitoba Queen’s Bench judged found the City of Winnipeg in contempt of a Court Order in 6165347 Manitoba Inc. et al. v. The City of Winnipeg et al. 2019 MBQB 121…