Articles & Publications

Article, Students | |

Requesting ID – Bylaw Enforcement Officers’ Scope of Authority

At one time, it was widely believed in the local government bylaw enforcement community that bylaw enforcement officers did not have the power to require identification. Although identification is often necessary to issue a violation ticket, there remained uncertainty around whether individuals were obligated to provide such information. Refusals were commonplace. However, bylaw enforcement officers are in fact empowered to request identification and such refusals may be contrary to law. We discuss the scope of bylaw enforcement officers’ authority to request identification below…

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Article, Staff, Students | |

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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Article, Students | |

COVID-19: Suspension of Regular Court Operations (continued)

March 26, 2020 UPDATE

On March 26, 2020, the Province ordered that, for the duration of the provincial State of Emergency, every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding, claim or appeal must be commenced in the Provincial Court, Supreme Court or Court of Appeal is suspended…..

 

 

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Publication, Students | |

The Anatomy of a Delay Claim

As published in Northern Construction Connection February 2020 Newsletter

There are three fundamental elements of a construction contract: price, scope, and time. Contractors and owners rely on the terms of the contract to inform them of the work that is required to be performed; the price for that work; and the time frame during which the work, or other various aspects of it, are to be completed. As a result, a change to either price, scope, or time may have a significant impact on the parties’ performance under the contract….

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Publication, Students | |

Swinging Construction Cranes—Trespass or Nuisance?

As published in Northern Construction Connection December 2019 Newsletter

During the development of a project it may be unfeasible to contain all aspects of construction within the boundaries of the land that is being developed. A frequent example involves the use of construction cranes, where the boom of a crane will swing into the area above neighboring properties. The law affecting the rights and remedies of landowners of these neighboring properties has been changing…

 

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Publication, Students | |

Bill M 223— Prompt Payment Legislation in British Columbia

As published in Northern Construction Connection October 2019 Newsletter

On May 29, 2019, a member of the opposition party in British Columbia (Liberal House Leader, Mary Polak), introduced Bill M-223 (the Prompt Payment (Builders Lien) Act).

Bill M-223 aims to modernize the existing Builders Lien Act and to bring British Columbia in line with other jurisdictions that are introducing prompt payment reforms, including Ontario, Nova Scotia, Saskatchewan, Manitoba, New Brunswick, and Quebec. The underlying objective of prompt payment legislation is to ensure that those who provide services or materials to a construction project are paid in a timely manner. The stated intention is to minimize payment disputes and unnecessary financial hardships associated with late payment…

 

 

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Article, Students | |

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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