Recent Publications
2020
COVID-19: Issues for Local Governments as Employers
In this session, we will discuss employment issues that continue to arise for employers during the COVID-19 pandemic. These include the...
2020
Labour Board Clarifies Temporary Layoff Notice Obligations
Does an employer breach s. 54 of the Labour Code when it temporarily lays off bargaining unit employees? Under s. 54, an employer must...
2020
Pam Costanzo joins Young, Anderson
We are very excited to announce that Pam Costanzo has joined Young, Anderson effective June 1, 2020. Pam attended law school after...
2020
New Extension to COVID-19 Related Temporary Layoffs
On May 4, 2020, the provincial government passed Order in Council No. 219, which adds an “Exclusions during COVID-19 emergency” section to...
2020
Ministerial Order M094 – Protection of Liability
On April 2, 2020, the Minister of Public Safety and Solicitor General issued an order under section 10 of the Emergency Program Act...
2020
Newsletter Volume 31, Number 1
BC Supreme Court Upholds New Westminster Renoviction Bylaw - Nick FalzonWho, in Law, is "Government"? - Bill BuholzerDrug Testing of...
2019
Employer Disciplinary Investigations
There has been a lot of focus in the past few years on investigations of bullying and harassment complaints. However, employers are...
2019
Newsletter Volume 30, Number 1
Wu v. Vancouver: When Making Permitting Decisions, Slow Doesn't Equal Negligent - Guy PattersonCourt Upholds Increased Fee for Building...
2018
#Whatnow? Sexual Misconduct and the Workplace
The #metoo movement has empowered many people to speak up against sexual assault misconduct. From CBC to Hollywood to Google Inc, sexual...
2018
Newsletter Volume 29, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Municipal Ban on Single-Use Plastic Bags Upheld by Court - Sabrina Spencer Let's Remake a Deal: New Law...
2018
Newsletter Volume 29, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Missed by a Milestone: Damages Award Against City Upheld in Tendering Case - Joe Scafe BC New...
2018
Newsletter Volume 29, Number 1
In this Issue: Supreme Court of Canada Expands Protection Against Discrimination in the Employment Context - Carolyn MacEachern...
2018
OIPC Reviewing Local Government Video Surveillance
The OIPC issued a release on February 7, 2018, regarding its concerns about video surveillance by local...
2017
Local Government Services and the Human Rights Code
This paper is an update to the 2011 seminar paper “Local Government Services – Striking the Accommodation Balance”. Local governments...
2017
Newsletter Volume 28, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Do not disturb: Striking a balance between welcoming public spaces and freedom of expression - Stefanie...
2017
Newsletter Volume 28, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Going Green: A First Look at Canada's Proposed Cannabis Act - Elizabeth Anderson The Perils of...
2017
Newsletter Volume 28, Number 1
In this Issue: Settlement Records Protected from Disclosure in British Columbia - Francesca Marzari Top Ten Tips for Municipalities as...
2016
Medical Marihuana in the Workplace
An increasing amount of people are being prescribed medical marihuana to deal with various medical conditions and disabilities. Given the...
2016
Newsletter Volume 27, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: The Building Act: Unrestricted Matters Revealed - Bill Buholzer Assessor of Area #01 - Capital et al v....
2016
Newsletter Volume 27, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Win for North Saanich on Ability to Tax Nav Canada for Airport Lands is a Win for All Local Governments...
2016
Newsletter Volume 27, Number 1
In this Issue: Edmonton's Uber-Friendly Bylaw - Michael Moll Reminder: Judgements on Title Must be Renewed Every 2 Years - Don...
2015
Anatomy of a Workplace Investigation
You have received a complaint of bullying and harassment in the workplace. What do you do? The first step is to review the complaint and...
2015
Newsletter Volume 26, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Canada Post Superboxes: Signed, Sealed, Delivered and Yours? - Francesca Marzari Putting a Price on...
2015
Newsletter Volume 26, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Tempest in a TeaPOT? Letters of Intent, Business Licensing and the ALR - Francesca MarzariWorksafe...
2015
Newsletter Volume 26, Number 1
In this Issue: Municipal Zoning Restrictions Apply to Moorage and Public Interest Special Cost Awards Limited - Barry Williamson CPR...
2014
The Perils of Labour & Employment Law
Local government employers are well aware of the many perils involved in managing and dismissing employees given the obligations placed...
2014
Newsletter Volume 25, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Tsilhqot'in Nation v British Columbia: Aboriginal Title Proven in British Columbia - Gregg Cockrill BC...
2014
OIPC requires public bodies to disclose non-responsive information
Two recent decisions of the Office of the Information and Privacy Commissioner have called into question the practice of many public...
2014
Court Of Appeal Confirms That Municipal Councillors Are Officers For The Purposes of FIPPA
In May, 2011, the Provincial Court found that a Prince George Councillor was guilty of breaching section 30.4 of the Freedom of...
2014
Newsletter Volume 25, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: The Land Conservancy Selling Heritage Properties to Pay Debts - Francesca MarzariBill 17: Sweeping...
2013
Privacy Issues in the Work Place
Managing employees has always been complicated and is becoming even more so with the increasing use of technology in the workplace and a...
2013
Newsletter Volume 24, Number 3 - UBCM Conference Issue
In this UBCM Conference issue:BCSC Upholds Local Government Authority to Regulate Long-Term Moorage - Barry WilliamsonCourt Confirms...
2013
Newsletter Volume 24, Number 2 - LGMA Conference Issue
In this LGMA Conference issue:Medical Marihuana: Health Canada Hits Reset Button - Bill BuholzerThe Perils of Independent Contractor...
2013
Newsletter Volume 24 Number 1
In this Issue: A Look Back at 2012 - Francesca MarzariCourt of Appeal Rejects Local Government Duty to Consult First Nation - Reece...
2012
Employer Obligations: Staying Out of Hot Water
Recent case law and changes to the Workers Compensation Act in relation to bullying and harassment highlight the increasing obligations...
2012
Workplace Computers and Employee Privacy Rights
The Supreme Court of Canada recently released the decision of R. v. Cole about whether a teacher had a reasonable expectation of privacy...
2012
Newsletter Volume 23, Number 2 - UBCM Conference Issue
In this UBCM Conference Issue: No-Fee Emergency Calls (Taxes Apply), It's Party Time!, Worksafe BC to Adjudicate Claims of Harassment...
2012
Newsletter Volume 23, Number 1 - LGMA Conference Issue
In this LGMA Conference issue: First Nations Consultation ≠ The Crown; Using Legal Services Effectively; Volunteer Firefighter...
2011
Local Government Services: Striking the Accommodation Balance
Section 8 of the Human Rights Code (the “Code”) prohibits discrimination on the basis of various enumerated grounds with respect to the...
2011
Definition of Employee for Election Purposes
Employees of a local government who want to run for office with their local government must take a leave of absence during the nomination...
2011
Newsletter Volume 22, Number 2 - UBCM Conference Issue
In this UBCM Conference Issue: Some Observations on the Municipal Auditor General, Provincial Consultation Requirements “Aspirational”,...
2011
Newsletter Volume 22, Number 1 - LGMA Conference Issue
In this LGMA Conference Issue: How much is that doggie in the window? He’s not for sale anymore, Between a rock and a hard place: Court...
2010
Avoiding Labour and Employment Litigation
Many recent cases serve as a good reminder of some general principles that employers can follow to try and avoid litigation or at least...
2010
Newsletter Volume 21, Number 2
In this Issue: Court OKs process for Surrey civic centre expropriation, What's the big deal about Arkinstall? (Or how to stop worrying...
2010
Newsletter Volume 21 Number 1
In this Issue: "Curious" tender clause unenforceable, Tax bylaws not land use planning tools, Catalyst update: Vancouver Island tax...
2009
New Technology and Social Media in the Workplace
Employee use of the internet and email, both at work and at home, raises unique challenges for employers given the proliferation of the...
2009
Newsletter Volume 20 Number 3
In this issue: Councillor charged with privacy offence, Candidate fraud invalidates election, OCP consistency rule hardened?, Human...
2009
Newsletter Volume 20 Number 2
In this Issue: Provincial consultation with local governments - a matter of principle? Consultation failure invalidates Island bylaws,...
2009
Newsletter Volume 20 Number 1
In this issue: No Charter protection for sidewalk encroachments, Municipal access agreements: CRTC allows road degradation fees,...
2008
Good News For Employers
Based on a review of the cases we have discussed over the past few years, local government employers may recall receiving various...