Articles & Publications

Article, Staff | |

Municipal Liability: The Supreme Court of Canada Seeks to Clarify the Fine Line Between Policy and Operational Decisions

On October 21, 2021, in Nelson (City) v. Marchi, the Supreme Court of Canada has lifted the fog in an attempt to provide clarity over the differences between the core policy decisions, which are immune from liability in negligence, and operational decisions, which are reviewable by the courts on a reasonableness standard.

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The BC Court of Appeal Makes it Clear That Safety Requirements in Architect Act Apply to Local Governments’ Issuance of Building Permits

The Architectural Institute of British Columbia v. Langford (City), 2021 BCCA 261

This article is a follow-up to our previous commentary published in October of 2020, as the outcome of the appeal was subsequently released earlier this year

As published in the NRCA’s Northern Construction Connection October 2021 Newsletter, and VICA’s e-New

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Specific Use Not Required

Court of Appeal Upholds Metro Vancouver’s Notice to End Tenancy Following a Change From “Residential Use” to “Non-Residential Use”

The Metro Vancouver Regional District is the owner of the Belcarra Regional Park located in Belcarra and Port Moody. Metro Vancouver leases a portion of park, including seven cabins and other structures  to the Belcarra South Preservation Society. The cabins are used for residential purposes, with most of the residents being directors of the Society. The lease between Metro Vancouver and the Tenant is a one-year fixed term tenancy that began on March 1, 2006 and converted to a month-to-month tenancy on March 1, 2007.

 

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Preventing Renovictions: New Westminster Adopts New Approach

Under the Residential Tenancy Act property owners are permitted to evict tenants where they perform renovations to their property. However, with limited affordable housing available, evictions of tenants under the guise of performing renovations on units and then significantly increasing the rent on those units, commonly known as “renovictions”, pose an additional barrier for tenants to secure housing. To address this concern, the City of New Westminster amended its Business Regulations and Licensing (Rental Units) Bylaw, to regulate such renovictions, which has recently been upheld by the British Columbia Court of Appeal.

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The 2021 IPCC Report: An Opportunity For Local Governments

The summer of 2021 has seen unprecedented flooding, wildfires, heat waves, heavy rainfall, and other alarming weather-related events. The Intergovernmental Panel on Climate Change recently released its latest report (the “Report”) which confirms that much of the devastating weather events we have experienced this summer are the result of human-caused climate change.

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Modern Means Of Communication

You may be legally bound by your casual texts.

In the current times, the concept of “wet ink” writing is no longer the norm. With the proliferation of technology, the law tries to keep up and allows a broader interpretation to statutory and contractual requirements that a document be in writing to accommodate the reality of the modern means of communication.

As published in the NRCA’s Northern Construction Connection September 2021 Newsletter, and VICA’s e-News.

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Legal Constraints on the Freedom of Contract

On July 19, 2021, the Supreme Court of British Columbia found that the City of New Westminster’s termination of a private licence agreement to rent its facility, infringed the Redeemed Christian Church of God, also known as the Grace Chapel’s Charter right to freedom of expression, and may have infringed its right to freedom of religion in Redeemed Christian Church of God v. New Westminster (City), 2021 BCSC 1401.

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Contractual Compliance & Claiming Damage

Delays of the completion of construction projects are quite common. Therefore, contracts for such projects often contemplate delays and may prohibit or allow for contractors to recover additional costs that may arise from delays. However, the recent case of Elite Construction Inc. v. Canada confirmed that strict compliance with contractual notice provisions is a prerequisite to claiming damages for delay.

As published in the NRCA’s Northern Construction Connection July 2021 Newsletter, and VICA’s e-News.

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