Litigation & Conflict Resolution, Expropriation, Construction
Email: jgy@murdymcallister.com
Email: yardley@lidstone.ca
Direct: 604-689-5263
Phone: 604-899-2269
Toll Free: 1-877-339-2199
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James Yardley

Litigation & Conflict Resolution, Expropriation, Construction
Email: jgy@murdymcallister.com
Email: yardley@lidstone.ca
Direct: 604-689-5263
Phone: 604-899-2269
Toll Free: 1-877-339-2199
Download vCard

James’ practice mainly involves litigation and dispute resolution, although he also provides advice on a broad variety of local government matters.  James has practised law involving local governments since his call to the Bar in 1991.  He  was born and raised in Prince George, has a law degree from the University of Toronto, and a Masters degree in Community and Regional Planning from UBC.  James has appeared in numerous trials, appeals, petitions, mediations and arbitrations on matters that involve administrative law, judicial review, construction disputes, planning law, expropriation and injurious affection claims, bylaw challenges, bylaw enforcement, constitutional law, claims alleging misfeasance in public office and bad faith, environmental law disputes and prosecutions, contract disputes, insurance coverage disputes, election challenges, human rights complaints, property taxation disputes, and claims involving police forces.  James has been involved in proceedings before tribunals that include the B.C. Utilities Commission, the National Energy Board, the Environmental Appeal Board of British Columbia, the Property Assessment Appeal Board of British Columbia, the B.C. Human Rights Tribunal, the B.C. Comptroller of Water Rights and the former Expropriation Compensation Board.

 

Education
  • LL.B, University of Toronto, 1990
  • M.A. (Community and Regional Planning) U.B.C., 1990 (awarded CMHC Graduate Studies Scholarship)
  • B.A. (Geography) U.B.C. 1982
Recent Cases

Planning, Development and Land Use Law

  • Okanagan Equestrian Society v. City of Vernon and North Okanagan Regional District, 2018 BCSC 800 (successful defence of claim against City alleging breach of trust and breach of contract in relation to horse race track)
  • Limen Forming West Ltd. v. Stuart Olson Dominion Construction Ltd., 2017 BCSC 1485, (successful defence of claim seeking lien declaration)
  • Land Castle Development Corp. v. City of Port Moody, 2017 BCSC 1046 (successful defence of claim seeking consideration of development proposal)
  • 452195 BC Ltd. v. City of Abbotsford, 2013 BCSC 2055 (successful defence of claim alleging trespass by roadway under s. 42 of Transportation Act)
  • Abbotsford Families United v. City of Abbotsford, 2009 BCSC 463 (successful defence of challenge of zoning bylaw amendment permitting bingo hall)
  • Robins v. City of Cranbrook, 2009 BCSC 355 (successful defence of challenge of subdivision servicing requirements)
  • Baynes Sound Preservation Society v. Comox-Strathcona Regional District, 2009 BCSC 565 (defended challenge of OCP)
  • Valco Hotels v. City of Cranbrook, 2008 BCSC 301 (successful defence of application to compel issuance of development permit)
  • Columbia National Investments v. City of Abbotsford, 2007 BCSC 368, affirmed 2007 BCCA 368 (successful defence against application seeking injunction to restrain construction and use of haul road)
  • LP Management Ltd. v. City of Abbotsford, 2006 BCSC 1426 (challenge of refusal to issue soil removal permit)
  • New Westminster Heritage Preservation Society v. City of New Westminster, 2005 BCSC 816 (successful defence of challenge of heritage revitalization permit)
  • Botterill v. Cranbrook, 2001 BCSC 1225 (successful defence of challenge of zoning for “big box” development)
  • Thornhill Aggregates v. District of Maple Ridge (1998) 54 B.C.L.R. (3d) 155 (precedent setting case on discretion of courts to enforce bylaws)

Administrative Law

  • Atkins v. Anmore, 2014 BCSC 2402, 2016 BCCA 490 (successful defence of petition and appeal challenging Village’s procedure bylaw)
  • Miller v. Wilhelm-Morden and others, BCPC North Vancouver 11-22666 (obtained order upholding qualifications of candidate to run for Mayor)
  • Rocky Mountain Transport Ltd. and Sengotta v. City of Vernon, 2009 BCSC 70 (successful enforcement and defence of remedial action requirements that were challenged on procedural fairness and jurisdictional grounds)
  • Gook Country Estates Ltd. v. City of Quesnel and others, 2006 BCSC 1382, affirmed 2008 BCCA 407 (dismissal of claim alleging misfeasance and personal liability of several local government officials related to works built outside municipal boundaries)
  • Morton v. City of Quesnel, 2005 BCSC 610 (upheld validity of referendum)

Environmental and Regulatory Law

  • Trans Mountain Pipeline, (NEB OH-001-2014) (hearing of proposed expansion of the Trans Mountain Pipeline)
  • District of Coldstream Operating Agreement (BCUC G-32-12); (dispute involving replacement of franchise agreement)
  • City of Cranbrook v. Asst. Regional and Waste Manager (Environmental Appeal Board No. 1999-WAS-023) (challenge of decision regulating operation of sewage lagoons)
  • 0707814 B.C. Ltd. v. Asst. Reg. Water Manager (Environmental Appeal Board No. 2007 WAT-001) (intervention overturning decision preventing construction of road in stream)
  • Western Forest Products v. Sunshine Coast Regional District, 2007 BCSC 1508 (defended Local Board of Health decision)
  • Sumas Energy 2 Inc. v. National Energy Board and others, NEB EH-1-2000, appeal dismissed 2005 FCA 377 (successfully opposed application to build international power line)
  • Shell Canada and others v. Director, Environmental Management Act, 2006 EMA 13 (upheld refusal of order to remove parties other than client from remediation order)  
  • Vancouver Island Transmission Reinforcement Project (BCUC Order C-4-06) (represented Corporation of Delta in hearing concerning proposed transmission line)
  • McClusky v. Assistant Regional Water Manager (EAB No. 2004 WAT 003/004) (defended challenge of water rights transfer)

Expropriation Law

  • Schiebel v. Hope, 2014 BCSC 949 (defence of claim for additional compensation)
  • Greater Vancouver Sewerage and Drainage District v. Greenall, 2011 BCSC 750 (decision concerning payment of compensation under s. 20(6) of Expropriation Act)
  • Clements v. Penticton, ECB 57/01/232 – 66/01/232; 2005 BCCA 212 (upheld defence of minimal award of additional compensation in large multi-party expropriation)
  • Fritz v. District of Sicamous, (2004) ECB 14/02/248 (defended claim for seeking compensation for loss due to injurious affection from municipal sewage lagoon)
  • Gonev and Douglas v. City of Richmond, (2000) 71 LCR 251 (ECB) (obtained dismissal of claim seeking approximately $4 million)
  • Reti v. District of Sicamous, (1999) 68 LCR 296, 69 LCR 74 (ECB) (defended claim for seeking compensation for loss due to injurious affection from municipal sewage lagoon)
  • Underhill v. Pemberton Valley Dyking District, (1997) 62 LCR 272 (ECB) (defended costs claim)
  • Frobeen v. District of Central Saanich (1996) 58 LCR 267 (ECB) (obtained dismissal of claim on jurisdictional grounds)
  • Tidmarsh v. Regional District of Comox-Strathcona, 54 LCR 13 (ECB) (defended costs claim)

Contract Law

  • Columbia Shuswap Regional District v. City of Revelstoke, 2017 BCSC 2486 (obtained interlocutory injunction to preserve provision of fire services)
  • City of Cranbrook v. Gabriel Construction (Alberta) Ltd., 2014 B.C.S.C. 2280 (recovery of $1.2 million in breach of contract claim involving horizontal direct drilling)
  • Jack’s Towing Ltd. v. City of Abbotsford, 2007 BCSC 93 (dismissal of claim seeking to strike down City’s towing contract)
  • Smith v. New Westminster, 2004 BCSC 818  (dismissal of claim alleging breach of contract for witness protection)

Bylaw Enforcement

  • Greater Vancouver Sewerage and Drainage District v. Liang, March 8, 2017 (prosecution under Municipal Solid Waste and Recycling Bylaw resulting in $28,000 in fines)
  • City of Abbotsford v. Shantz et al, 2014 BCSC 1817, 2015 BCCA 142, 2015 BCSC 1909, 2016 BCSC 2437 (represented City in complex bylaw enforcement proceeding and defence of multi-pronged challenge under Charter of Rights and Freedoms in relation to use of public spaces by homeless persons)
  • Ghezesan v. Village of Harrison Hot Springs (BCSC No. 29, 2013) (dismissal of judicial review of decision of bylaw adjudicator)
  • Greater Vancouver Regional District v. Silver City Galvanizing Inc BCPC Richmond 55323-01 (prosecution under air quality bylaw resulting in $52,500 fine)
  • R. v. W.E. Industries Ltd. BCPC Pt. Coquitlam 8460-1; 84651-1 (prosecution under tree cutting bylaw resulting in $12,500 fine and order to replace trees)
  • Greater Vancouver Sewerage and Drainage District v. Mr. Bin Disposal Ltd. BCPC Richmond 57358-1 (prosecution under solid waste bylaw resulting in $70,000 fine)
  • Rocky Mountain Transport Ltd. and Sengotta v. City of Vernon, 2009 BCSC 70 (successful defence to challenge of remedial action requirements)
  • City of Fernie v. Cameron, 2002 BCSC 762 (successful enforcement of unsightly premises)

Employment and Human Rights Law

  • Mandryk v. Village of Anmore, 2015 BCHRT 108  (dismissal of complaint under Human Rights Code alleging discrimination based on physical and mental disability)
  • Gondal v. City of Abbotsford, 2011 BCHRT 234 (dismissal on preliminary basis of complaint under Human Rights Code alleging discrimination based on place or origin)
  • Fraser Health Authority v. City of Burnaby, 2005 BCSC 1073 (successful defence of claim seeking disability coverage for transferred employee)
  • Stuckel v. Abbotsford Municipal Police Board, 2001 BCSC 1492 (successfully defended decision to hire police chief)
Selected Recent Papers and Presentations
  • “Mock Trial and Courtroom Decorum” – Paper and presentation for 2016 conference of the License and Bylaw Officers Association (June 2018)
  • “Case Law and Legislative Update” – Paper and presentation to Pacific Business and Law Institute ( April 2018)
  • “Marijuana and Local Governments” –  Client Seminar (March 2018)
  • “Marijuana and Local Governments” –  Presentation to Capilano University PADM 203 (February 2018)
  • “Some Issues in Bylaw Enforcement Related to the Canadian Charter of Rights and Freedoms and Entry onto Property” –  Justice Institute of British Columbia (May 2017)
  • “Housing Policy; Inclusionary Zoning, Affordable Housing and the Homeless” – Paper and presentation for Pacific Business and Law Institute (April 2017)
  • “Canada’s Constitution, the Charter of Rights and Freedoms, and Local Government” – presentation to Capilano University PADM 203 (January 2017)
  • “Issues and Approaches to Bylaw Enforcement and Homelessness” – Presentation to 2016 conference of the License and Bylaw Officers Association (2016)
  • “Legal Powers and Limits Related to Homelessness” – Presentation to Lower Mainland Local Government Association (May 2016)
  • “An Introduction to the Law of Bad Faith and Misfeasance in Public Office” – Presentation to Capilano University PADM 203 (January 2015)
  • “An Introduction to limitation periods and other deadlines involving local governments” – Presentation to Capilano University PADM 203 (2013)