Articles & Publications

Publication, Staff | |

Effective February 2021: New Rules May Apply for Local Government Approvals for Zoning, Subdivision, and Development or Building Permits

Amendments to the Environmental Management Act and Contaminated Sites Regulation

Changes to the Environmental Management Act (Bill 17) and Stage 13 Contaminated Sites Regulation (CSR) amendments came into force on Monday, February 1, 2021.

As published in Northern Construction Connection February 2021 Newsletter.

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The Operating Principle of “Good Faith” in Construction Contracts – Part II

SCC Judgment: C.M. Callow Inc. v Zollinger – The Exercise of Termination Clauses

As published in Northern Construction Connection January 2021 Newsletter – Part II of The Operating Principle of “Good Faith” in Construction Contracts

The Supreme Court of Canada (SCC) rendered its judgment in the case of C.M. Callow Inc. v Zollinger on December 18, 2020.

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Architects, Engineers, and Builders — Oh My! The Architectural Institute of British Columbia v. Langford (City), 2020 BCSC 801

As published in Northern Construction Connection October 2020 Newsletter.

In 2016, the City of Langford’s Chief Building Inspector issued a building permit for the construction of a residential / commercial strata complex. An architect was not involved in the project – the design and drawings were completed by a designer.

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Article, Staff | |

The BC Court of Appeal Rules on Local Government Liability in Abdi v. Bottomleys and City of Burnaby

In 2014, the plaintiff, Ms. Abdi, was seriously injured during a gathering at the residence of the defendant tenants, Mr. and Ms. Bottomley. Ms. Abdi and other guests were gathered around a fire in the Bottomley’s backyard that was contained in a wheel rim acting as a fire pit. Mr. Bottomley poured used motor oil onto the fire, causing an explosion that severely burned Ms. Abdi.

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Anatomy of a Builders Lien

As published in Northern Construction Connection September 2020 Newsletter.

What is a Builders Lien? A lien is a legal right against assets that are used as collateral to satisfy a debt. The Builders Lien Act (the “Act”) of British Columbia provides a lien for payment owed to a party that performs work and/or supplies materials in relation to an improvement.

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0956375 B.C. Ltd. v. Regional District of Okanagan-Similkameen, 2020 BCSC 743

On May 13, 2020, the Supreme Court of British Columbia considered two actions against the Regional District of Okanagan-Similkameen (“RDOS”) regarding a downzoning of a property on Osoyoos Lake (“Property”) to correct an error.

Mr. Grelish, a sophisticated land and property developer, was the directing mind of both corporate Plaintiffs. Since 2002, Mr. Grelish had made several fruitless attempts to have the zoning of the Property changed from Large Holdings (“LH”) to RM1, to increase the Property value. In 2005, an RDOS staff member accidentally entered the zoning designation for the Property into the database as RM1…

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