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Article By Johannes Schenk

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Glen Abbey Golf Course is a Structure

by Johannes Schenk / On October 29, 2019 / In Litigation, Municipal Law

Source: 2019 ONCA 826 (CanLII) | CanLII At issue in this case is whether a golf course was a structure for purpose of determining which statutory mechanism would be applied in deciding a development outcome. So yes, in this case…

Plastic Bag Bylaw: Environment Bylaw Requires Ministerial Approval

by Johannes Schenk / On October 24, 2019 / In Litigation, Municipal Law

Source: 2019 BCCA 254 Canadian Plastic Bag Association v. Victoria (City) A bylaw regulating plastic bag useage and sale was found to be an environmental protection law in pith and substance as opposed to a bylaw regulating business practices. As…

Unconscionable Mortgages and Injunctions

by Johannes Schenk / On October 23, 2019 / In Human Rights Law, Litigation

Source: 2019 BCSC 1811 Astina Mortgages Group Ltd. v. Galpin An injunction on an order nisi and possession writ was granted where the court found that there was was a sufficient basis for an argument that the 89 year old…

Human Rights Document Request: Arguably Relevant

by Johannes Schenk / On October 23, 2019 / In Employment Law, Human Rights Law, Labour Law, Litigation

Source: 2019 BCHRT 197 (CanLII) | CanLII Documents requested in a human rights matter must be arguably relevant. [18] The test to be applied in an application under Rule 23(1) is whether a document may be relevant or arguably relevant,…

Civil Resolution Tribunal Standard of Review

by Johannes Schenk / On October 21, 2019 / In Litigation

Good Luck. Source: 2019 BCSC 1785 The Owners, Strata Plan BCS 1589 v. Nacht This case deals with serious water leak that led to extensive damage outside of a strata unit. The case gives a detailed analysis of the standard…

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