Articles & Publications

Article, Staff | |

The Architectural Institute of British Columbia v. Langford (City), 2020 BCSC 801

In 2016, the City of Langford’s Chief Building Inspector issued a building permit for the construction of a residential / commercial strata complex. An architect was not involved in the project – the design and drawings were completed by a designer. The Architects Act (the “Act”) required the involvement of an architect in the project as the building exceeded 470 m2 in gross area. The AIBC (the professional body that regulates the profession of architecture in British Columbia) brought a petition seeking a declaration that the decision to issue the building permit was unreasonable…

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Publication, Staff | |

Charlesfort Developments Ltd. v. Ottawa (City of), 2019 ONSC 4460

As published in Northern Construction Connection June 2020 Newsletter

In this July 24, 2019 Ontario Superior Court of Justice decision, Justice Sally Gomery addressed the question of whether the City of Ottawa was legally required, as part of a site-specific rezoning process, to advise the developer, Charlesfort Developments Ltd. (Charlesfort), of the risks of developing next to critical municipal infrastructure that was located in an adjacent municipal easement.  In this case, the property was being rezoned to permit the development of a 15-storey condominium tower with a 2-storey underground parking garage. The property adjacent to the development site contained an easement in favour of the City of Ottawa, within which a high-pressure water main was located……

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Article, Staff | |

COVID – 19: Can B.C. Local Governments Hold Meetings Online?

March 26, 2020 UPDATE

For the duration of the provincial state of emergency (which means it is retroactive), local governments are not required to have the public attend and do not need to comply with the Community Charter or Local Government Act requirements for electronic meetings or participation by Council or Board members by electronic means…..

 

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Article, Students | |

COVID-19: Suspension of Regular Court Operations (continued)

March 26, 2020 UPDATE

On March 26, 2020, the Province ordered that, for the duration of the provincial State of Emergency, every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding, claim or appeal must be commenced in the Provincial Court, Supreme Court or Court of Appeal is suspended…..

 

 

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Article, Staff | |

COVID-19: Suspension of Regular Court Operations

March 26, 2020 UPDATE

On March 26, 2020, the Province ordered that, for the duration of the provincial State of Emergency, every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding, claim or appeal must be commenced in the Provincial Court, Supreme Court or Court of Appeal is suspended…..

 

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Publication, Staff | |

Prime Contractor Obligations

As published in Northern Construction Connection March 2020 Newsletter

The awareness around prime contractor responsibilities appears to be much greater now than it did even a decade ago, certainly based on our dealings with clients and construction industry members.  It is not uncommon, for example, to now see prominent signs near construction sites identifying the party assuming the prime contractor’s role.  For those NRCA members that are new to the industry or new to the idea of ‘prime contractor’, this article sets out the legal duties with respect multiple-employer worksites under the British Columbia Workers Compensation Act (the “Act”) and the regulations enacted thereunder which govern with respect to workplace health and safety in British Columbia…

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Publication, Students | |

The Anatomy of a Delay Claim

As published in Northern Construction Connection February 2020 Newsletter

There are three fundamental elements of a construction contract: price, scope, and time. Contractors and owners rely on the terms of the contract to inform them of the work that is required to be performed; the price for that work; and the time frame during which the work, or other various aspects of it, are to be completed. As a result, a change to either price, scope, or time may have a significant impact on the parties’ performance under the contract….

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Publication, Staff | |

Smart Cities – They’re Watching You

As published in LGMA Exchange Magazine Winter 2020

Smart Cities use integrated data collection and management to track and analyze the patterns of a community to drive and power services. Some examples include pedestrian traffic sensors, mobile apps for buses and expedited handling of requests for city services. However, innovation inevitably comes with uncertainties and risks. While there is a public appetite for the convenience that technology provides, enthusiasm is tempered by the public’s concerns about privacy and cybersecurity risks, as is demonstrated by the recent news reports of the privacy controversy surrounding Toronto’s new Alphabet Company (aka Google) operated Waterfront development….

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