As a result of the City of Victoria deciding not to enforce a bylaw that prohibits camping in Beacon Hill Park, 78 structures have been erected in the park.\xa0
Following weeks of complaints from nearby residents, and other people wishing to use the park, the City of Victoria obtained an interim injunction requiring people living in the park to remove the structures form portions of the park that are environmentally sensitive, or of cultural significance.\xa0
The Friends of Beacon Hill Park Society is not satisfied with the interim injunction and wish to have all of the structures that have been erected by people camping in the park removed.\xa0
The City of Victoria only owns Beacon Hill Park pursuant to the terms of a trust. The 1882 trust requires the park "to be maintained and preserved...for the use, recreation and enjoyment of the public."
On the show, an 1884 court decision by Chief Justice Begbie, is discussed. At that time the City of Victoria had permitted an agricultural pavilion to be constructed in the park. This was found to be contrary to the terms of the trust and had to be removed.
In 1998, another court decision held that the City of Victoria could not allow a music festival to be held in the park as it would have involved an area of the park being fenced off and tickets being sold for entry. This was also found to be contrary to the terms of the trust as it would exclude people without tickets from using and enjoying the fenced-off section of the park.\xa0
The Friends of Beacon Hill Park Society intends to argue that permitting people to erect semi-permanent structures in the park is also contrary to the terms of the trust.
When someone holds property pursuant to a trust, they can only use the property in accordance with the terms of the trust. It is not theirs to do with as they wish.\xa0
While there are usually time limits on how long the terms of a trust can restrict the way property can be used, as a result of the rule against perpetuities, these time limits do not apply to dispositions of property made by the provincial government. Because Beacon Hill Park was given to the City of Victoria by the provincial government, there is no time limit on how long the trust conditions apply for.\xa0
Also discussed is a class action against ICBC as a result of an employee of ICBC selling personal information to drug dealers.\xa0
The ICBC employee was selling address, and other personal information, associated with the licence plates of vehicles parked at the Justice Institute in New Westminster. The drug dealers concluded that people parked there were likely police officers.\xa0
The drug dealers were using the address information to vandalize, start fires, and shoot at the homes of the people identified by the ICBC employee.\xa0
Despite admitting what the employee was doing, ICBC has been attempting to stop the class action in various ways, with a host of legal arguments.\xa0
Most recently, ICBC attempted to third party the drug deals. Because ICBC did so out of time, and without obtaining permission from the court, this tactic was not permitted.\xa0
The various ways ICBC has attempted to avoid legal responsibility for the conduct of its employee is cause for concern in the context of current plans to establish a monopoly no-fault insurance system which would allow ICBC to decide how claims would be handled without any meaningful oversight by the courts.
Follow this link for a transcript of the show, and links to the cases discussed.
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