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Articles & Publications
Publication, Staff | April 9, 2020 |
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……
Publication, Staff | June 26, 2019 |
Innovative Transportation Solutions: CleanBC and Charging Stations
As published in CBA Municipal Law Section
With great fanfare, the Province of British Columbia in December 2018 released a new climate action strategy known as the CleanBC plan. A primary objective of the CleanBC strategy is for every new car sold in B.C. to be a zero emission vehicle by 2040. A zero emission vehicle is one that has no tailpipe emissions and runs on a fuel cell or battery…
Article, Staff | April 15, 2019 |
Contract Negotiation and Performance – The Operating Principle of “Good Faith”
The obligation to either negotiate or perform in “good faith” is found in many commercial agreements. While these are “big picture” concepts, they can have very real implications when a dispute arises. In recent years, the Supreme Court of Canada and the Ontario Superior Court of Justice have issued judgments that provide guidance on what commercial behavior Canada’s common law courts may, or may not, find acceptable…
Article, Staff | April 14, 2019 |
Emergency Preparedness: Plan, Prepare & Practice
Like other jurisdictions across the country, British Columbia is at risk for numerous emergencies and disasters, including flooding, forest fires, severe water shortages, tsunamis, storm surges, landslides, avalanches, power outages, hazardous material spills and disease outbreaks. While emergency planning and response is a shared responsibility across all levels of government, citizens largely depend on and expect local governments to provide effective, coordinated response in local emergency situations…
Article, Staff | October 24, 2018 |
BC Supreme Court Reaffirms the Broad Discretionary Nature of the DVP Approval Process
The BC Supreme Court, in 1139652 B.C. Ltd. v. Whistler (Resort Municipality), 2018 BCSC 1806, recently reaffirmed the discretionary nature of the development variance permit (DVP) approval process under the Local Government Act (LGA) and the broad range of factors that may be considered by a local government council in considering an application. While there is …
Article, Staff | May 13, 2017 |
Sustainable Service Delivery Through Asset Management and Contract Administration
In 2016, the most recent Canadian Infrastructure Report Card (CIRC) was released regarding the health of Canada’s infrastructure, and the results were troubling. In its assessment of Canada’s roads and bridges, public transit, buildings, sport and recreation facilities, stormwater, wastewater and potable water infrastructure, the report concluded that one-third of municipal infrastructure was ranked in fair, poor or very poor condition…
Article, Staff | June 13, 2016 |
Dealing with Contaminated Lands: Lessons Learned
Whether a local government is buying, selling or regulating the development of land, environmental issues often play a significant role. Over the last few decades, the identification and allocation of environmental risk has become increasingly detailed and sophisticated, making an understanding of BC’s Environmental Management
Act (EMA) and Contaminated Sites Regulation (CSR) critical…