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City Found in Contempt of Court

On August 6, 2019, a Manitoba Queen’s Bench judged found the City of Winnipeg in contempt of a Court Order in 6165347 Manitoba Inc. et al. v. The City of Winnipeg et al. 2019 MBQB 121…

 

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Local Government Decision-Making: A Reminder on the Duty of Procedural Fairness

The duty of procedural fairness concerns the processes that must be followed before, during, and after a decision is made. For local governments, this means ensuring that decisions are made within the scope of its authorizing legislation, acknowledging the role that the public participatory process serves in the ultimate decision that is to be made, and complying with conditions established in common law standards of procedural fairness. Courts may look at requirements such as: clear communication; timeliness; proper record-keeping; proper notice; clear reasons for the decision; and providing an opportunity for the applicant to be heard and present their case…

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Know your Construction Insurance Policy!

Construction has inherent risks that can be significant, which has resulted in the supply of a number of insurance products to cover such risks.  For most construction projects, several different policies are secured that are intended to be complimentary…

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The Climate is Changing, Are We?

As published in Roadrunner Summer 2018:

The provincial and federal governments, the Federation of Canadian Municipalities (FCM) and the Union of British Columbia Municipalities (UBCM) have officially stated that climate change is having an impact on local governments and their infrastructure due to increased extreme weather events and a rise in sea levels. The legal liability risks of climate change impacts include potential negligence claims, nuisance claims and regulatory liability…

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Construction Bonds: A Useful Tool in a Local Government’s Strongbox

As published in Roadrunner Fall 2018:

Construction bonds are commonly used for public works infrastructure projects. Broadly speaking, a bond is a three-party agreement between the bonding company (the “Surety”), the service provider, such as a general or subcontractor (the “Principal” or “contractor”) and the service recipient or beneficiary, such as the project owner (the “Obligee” or “owner”). Under the bond, the Surety is required to step in and fulfill the Principal’s obligations to the Obligee in the event that the Principal breaches its obligations…

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A Challenge to a Local Government’s Requirements for Property Rentals

In this May 14, 2019 decision, the owners of strata units in a hotel in Whistler and their real estate management companies commenced a judicial review challenging the Resort Municipality of Whistler’s (the “RMOW”) amendments to its Zoning and Business Licensing Bylaws as well as a s. 219 covenant registered on title to the strata lands in favour of the RMOW (the “Rental Pool Covenant”)…

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The Legality of Holding a Grudge in Public Procurement

Due to the large volume of purchasing conducted by public entities, the likelihood of purchasing from the same pool of vendors raises the challenge of potentially selecting a bidder with whom they are (or have been) embroiled in a dispute. A strategy that some public entities have used to address this issue is to adopt the practice of including in their procurement documents a term that excludes from the bidding process those entities that are (or have been) engaged in legal proceedings against the public body, commonly referred to as a “reprisal cause”…

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