Municipal Law – Page 9 – Schenk & Associates

Bias and Impartiality

Bias arguments are commonly made. Here is a case referred to me by my friend John Gesher, who is Counsel at the Regional Municipality of Peel. The case of Boardwalk Reit LLP v. Edmonton (City), 2008 ABCA 176 (CanLII), concerns…

Post Dunsmuir Standard of Review

by Johannes Schenk / On November 27, 2008 / In Human Rights Law, Labour Law, Municipal Law, Professional Discipline

What's a poor boy to do (or lawyer to do) when faced with Dunsmuir and the standard of review and the ATA standards of review. Well naturally you would rely on this case, Lavigne v. British Columbia (Workers Compensation Review…

Muncipal Declaratory Relief

by Admin / On November 19, 2008 / In Municipal Law

Gook Country Estates Ltd. v. Quesnel (City of), 2008 BCCA 407, deals with the issue of the Court's discretion in granting declaratory relief. There is an excellent summary about the factors that the Court will rely on when considering whether…

Building Bylaw Breach

by Johannes Schenk / On November 5, 2008 / In Municipal Law

Take a look at Burnaby (City of) v. Hayre, 2008 BCCA 412 for an example of a breach of a building bylaw and the subsequent municipal action to rectify the offending breach. The Court of Appeal decision fixes a rather…

Sechelt Zoning Breach: Accessory Building and Use

by Johannes Schenk / On September 30, 2008 / In Municipal Law

Accessory uses and buildings are concepts central to zoning decisions. Sechelt (District of) v. Cutlan, 2008 BCCA 368, is a case that deals with an accessory use and building in the form of a bed and breakfast contained in a…

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