Articles & Publications

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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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Innovative Transportation Solutions: CleanBC and Charging Stations

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…

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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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Social Procurement: From Origin to Implementation

For anyone involved with purchasing within a local government organization, talk of social procurement has unlikely gone unheard.  It is a growing topic of discussion and interest, and we are seeing more and more communities embracing it and organizations taking steps to implement it into their purchasing policies.  This article touches on the evolution of procurement that has led to the introduction of social impact purchasing, and discusses the approach that local governments may take to establish the practice within their own organization…

 

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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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