Legal Insights That Matter

Sara Dubinsky Successfully Defends Remedial Action Resolution on Judicial Review

In Ferstel v. Nanaimo (Regional District), 2026 BCSC 291, the BC Supreme Court dismissed a petition challenging a remedial action resolution (“RAR”) requiring the demolition of buildings declared hazardous and unsafe by the Regional District’s Board. Although the Petitioner had undertaken efforts to address the buildings’ condition, the Court held that the Board’s decision on reconsideration to uphold the RAR was reasonable. The Court further confirmed that a lack of unanimity among Board members does not render a decision unreasonable in law.

Bill M216–2025, the Professional Reliance Act, has recently been introduced in the provincial legislature (First Reading October 21 and Second Reading November 17). If enacted, the law would impact local government powers, responsibilities, and liability, as summarized below.

Matthew Voell Successfully Defends Aggressive Dog Determination on Appeal

Dog bylaws often impose requirements for dogs determined to be “aggressive” or “dangerous”, but such determinations can be challenged in court. In Madi v. North Vancouver (District), 2025 BCCA 369, the dog owner argued that the determination of District staff was unreasonable and procedurally unfair, but the Court upheld the determination. This case will be a useful guide for local governments when carrying out (and defending) their dog designation processes.

Lidstone & Company is pleased to announce the addition of Michael Hargraves as the firm’s new Senior Counsel starting October 27, 2025. Michael has been practising law in British Columbia for over 20 years. Since 2007, he has dedicated his practice to acting for local governments in a solicitor’s role. That time includes many years in private practice as outside counsel as well as significant in-house service. Michael was Municipal Solicitor for the District of Saanich from 2017-2022.

Lidstone & Company is pleased to announce the addition of Tomasz Zworski as the firm’s new Senior Counsel starting September 2, 2025. Tom has spent his entire legal career representing local governments as well as individual elected officials, municipal staff, and police officers. For the last 15 years, Tom was the City Solicitor at the City of Victoria. Before that, Tom articled and practiced at the City of Vancouver’s law department.