Articles & Publications

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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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Developments in Tender Law: J. Cote & Son Excavation Ltd. v. City of Burnaby

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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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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Wu v. Vancouver (City), 2019 BCCA 23

The release of the Court of Appeal’s decision in Wu v. Vancouver (City) has been highly anticipated by municipal lawyers. If denied, the appeal would have established a duty for municipal officials to make decisions on development permits within a reasonable time. The trial judge found that…

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Cannabis Producer Challenges Municipal Land-Use Regulation, and Wins

The matter of 0826239 B.C. Ltd. v. Richmond (City), 2018 BCSC 1438 (CanLII) involved a business owner planning to operate an agricultural greenhouse facility within the City of Richmond and seeking building permits from the City to construct the greenhouses for the operation.  The dispute is seeded in lands that are part of the Agricultural Land Reserve (“ALR“).  The issue before the court was whether the City…

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