Articles & Publications

Article, Students | |

British Columbia’s New Arbitration Act

British Columbia’s arbitration legislation had not undergone major revisions in over 30 years. However, the new Arbitration Act1 (the ‘Act’) and Arbitration Regulation2 (the ‘Regulation’) came into force on September 1, 2020, at which time the previous act and regulation were repealed.

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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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