Read the full paper accompanying Michael Moll’s presentation on Bylaw Enforcement without Involving the Court given at the LGCEA Annual Conference on April 10th, 2025.
Articles & Publications
Publication, Staff | April 9, 2025 |
Builders Lien Basics II: Tenants, Deemed Authorization, and Notices of Interest
A builder’s ability to protect its interest in work on a property by registering a lien on title can be complicated where that work is done not at the request of the owner, but at the request of a tenant. In balancing the parties’ competing rights, the Builders Lien Act permits an owner to disclaim any responsibility for work it did not request. In the case of an unregistered lease, a builder may lose the chance to protect its interest with a lien entirely.
As published in the NRCA’s Northern Construction Connection April 2025 Newsletter and VICA’s e-New.
Publication, Staff | March 13, 2025 |
Discharging a Section 219 Covenant Without the Grantee’s Permission: An Application of Section 35 of the Property Law Act
Section 219 of the Land Title Act permits special covenants to be registered in the Land Title Office on title to land. These covenants (known as “Section 219 Covenants”) can only be granted in favour of specific organizations and entities. Section 219 Covenants must be in respect of the use of land or a building on or to be erected on land and, unlike common law covenants can impose positive obligations as well as restrictions on the landowner.
As published in the NRCA’s Northern Construction Connection March 2025 Newsletter and VICA’s e-New.
Publication, Staff | February 12, 2025 |
Tariffs from the Contractual Perspective
In February 2025, after weeks of looming threats, the Trump administration announced its decision to impose a 25% tariff on Canadian imports, citing border security concerns. In retaliation, Prime Minister Justin Trudeau announced a reciprocal 25% tariff on American imports. Tariffs, both threatened and realized, stand to cause considerable strain on the construction industry…
As published in the NRCA’s Northern Construction Connection February 2025 Newsletter and VICA’s e-New.
Publication, Staff | January 8, 2025 |
Shop Drawings v. Contract Documents
There is a common misconception among owners and contractors that shop drawings are part of the contract documents under a typical CCDC construction contract. This misconception can affect the parties’ understanding of their contractual responsibilities and result in unintended legal consequences.
As published in the NRCA’s Northern Construction Connection January 2025 Newsletter and VICA’s e-New.
Publication, Staff | December 11, 2024 |
Builders Lien Basics: When Does Land Become Lienable?
Quiz time! If an architect has drawn up plans for a building project and the site work never starts, can the architect claim a builders lien against the property? The answer is…
As published in the NRCA’s Northern Construction Connection December 2024 Newsletter and VICA’s e-New.
Publication, Staff | November 13, 2024 |
Section 219 Covenants and Statutory Building Schemes on Upzoned Properties
When a local government “zones” property, they are, by bylaw, regulating the use, density and size of land and buildings within an area (or a “zone”), as permitted and in accordance with the Local Government Act. And for decades, the province has done little to interfere with the relatively free rein local governments have had in determining how properties are zoned.
As published in the NRCA’s Northern Construction Connection November 2024 Newsletter and VICA’s e-New.
Article, Staff | October 25, 2024 |
Encampments, Trespass Orders, and the Mitigation of Harms: Matsqui-Abbotsford Impact Society v. Abbotsford (City), 2024 BCSC 1902
In a decision not to grant an injunction to prevent clearance of a homeless encampment, the Supreme Court of British Columbia gave tacit approval to the City’s use of a trespass notice under the Trespass Act. Nonetheless, in light of the Charter infringements alleged by the petitioner, the Court imposed demanding conditions on how the City must carry out the removal to mitigate impacts on individuals with disabilities and substance abuse disorders.
Publication, Staff | October 10, 2024 |
Cancellation and Rescission Rights Within Construction Contracts
Although developers continue to submit project proposals to strengthen local economies and increase affordable housing, there is a growing trend in which development projects are being cancelled. Readers will likely be familiar with a contract coming to a premature end because a party terminates the contract.
As published in the NRCA’s Northern Construction Connection October 2024 Newsletter and VICA’s e-New.
Publication, Staff | September 11, 2024 |
Arbitration Clauses in Construction Contracts: Drafting Considerations
It is now common for the parties to a construction contract to resolve their disputes by arbitration. Arbitration is a private binding dispute resolution method in which the parties have the flexibility to tailor the proceeding for the resolution of the matter including choosing the person that will decide the matter (the arbitrator) and the rules governing the proceeding.
As published in the NRCA’s Northern Construction Connection September 2024 Newsletter and VICA’s e-New.