Risk Management Articles

Bylaw Enforcement

  • Bylaw Enforcement Liability

    Our local government is being sued for damages as a result of decisions made by the bylaw enforcement department. Can a local government be sued for enforcing or not enforcing its bylaws?
  • Duty to Enforce a Permissive Bylaw

    In Burke v Linder 2014 BCSC 1798 Mr. Justice Schultes confirmed a two part test for private nuisance: a defendant’s conduct must substantially interfere with a property interest and such interference must be unreasonable.
  • Duty to Enforce Ultra Vires Bylaw

    The Regional District of Okanagan-Similkameen succeeded in defending a claim alleging it had failed to enforce its Subdivision Servicing Bylaw.
  • Wrongful Bylaw Enforcement

    The Provincial Court of British Columbia has struck out a claim against the City of Port Coquitlam in which it was alleged that the City had caused damage through their bylaw enforcement activities.