Articles & Publications

Article, Staff | |

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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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…

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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…

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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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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 …

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