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.
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.
It happens all the time: one developer runs into financial difficulties with its project and another one swoops in, purchases the land and the plans, and completes it. Of course, when we say the second developer has ‘purchased the plans’, we really mean that they have purchased a licence to use those plans. In most cases, developers will not own the plans outright and will merely assign their rights and obligations under a design consultancy agreement to the purchaser.
As published in the NRCA’s Northern Construction Connection August 2024 Newsletter and VICA’s e-New.
Local governments, take note: your exposure to liability arising from a data breach might be greater than you think. In G.D. v. South Coast British Columbia Transportation Authority, 2024 BCCA 252, the Court of Appeal for British Columbia held that an application to certify a class proceeding against a public body whose computer system had been penetrated by hackers should not have been struck for failure to disclose a cause of action. In so doing, the Court recognized that data custodians’ obligation to protect personal information they hold is not limited to that set out in the Freedom of Information and Protection of Privacy Act (“FIPPA”).