Municipal Law – Page 2 – Schenk & Associates

Plastic Bag Bylaw Overturned

by Johannes Schenk / On January 23, 2020 / In Litigation, Municipal Law

Supreme Court of Canada leave to appeal denied. Victoria, was required to, and did not, get provincial approval to make a bylaw relating to an environmental concern. Bylaw concerning plastic bags was not a bylaw relating to business. The BC…

How Do You Cross a Snowbank?

by Johannes Schenk / On January 16, 2020 / In Litigation, Municipal Law

Case concerns lack of gap in snowbank for pedestrian crossing. A detailed analysis of what constitutes an operational versus policy decision follows. Here the creation of snowbanks without allowing for a safe pedestrian crossing gap could be an operational decision…

Truck Driver Responsible for Concrete Spill Road Accident

by Johannes Schenk / On January 14, 2020 / In Litigation, Municipal Law

Lot's of construction in the lower mainland these days and lot's of concrete spilled on the road. Concrete truck driver was held responsible for failing to clean spilled concrete and make the roadway safe for other drivers. Source: 2020 BCSC…

Statutory Right of Way Cancelled for Uncertainty

by Johannes Schenk / On December 4, 2019 / In Municipal Law

Source: 2019 BCSC 2051 Skene v. Ucluelet (District) Case discusses principles underlying basis for and Court's discretion to cancel a statutory right of way. I've maintained that municipal law has really moved in favor of the authorities over the last…

Abuse of Process and Misfeasance in Public Office

by Johannes Schenk / On December 4, 2019 / In Municipal Law

Source: 2019 BCSC 2069 Williamsburg Water Utility Co. Ltd. v. Comptroller of Water Rights-Water Management Branch An interesting discussion on collateral attack, re-litigation and abuse of public office powers. The central question in this matter concerns the Court's ability to…

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