Articles & Publications

Publication, Students | October 9, 2019 |

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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Publication, Staff | September 11, 2019 |

Minimizing Construction Disputes

As published in Construction Business Magazine September/October 2019.

It seems inevitable that construction projects come with delays and disputes, which are disruptive to the efficient progression of the project, and costly to all parties.

In any well-functioning relationship, it is important for the participants to be aware of the interests and incentives of the other parties to the relationship.  In a construction project, the owner seeks value for money, and a project that is on-time and on-budget.  The contractor wants to run its operations efficiently, make a profit, and obtain a good reference for future work.  In order to obtain these objectives, it is in the interests of all parties to minimize disputes during a construction project.

In this article, I will identify some of the common causes of delays and disputes, and provide some tips about the tools and strategies available to secure the effective delivery of a construction project…

 

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Article, Students | August 20, 2019 |

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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Article, Staff | June 19, 2019 |

A Challenge to a Local Government’s Requirements for Property Rentals

In this May 14, 2019 decision, the owners of strata units in a hotel in Whistler and their real estate management companies commenced a judicial review challenging the Resort Municipality of Whistler’s (the “RMOW”) amendments to its Zoning and Business Licensing Bylaws as well as a s. 219 covenant registered on title to the strata lands in favour of the RMOW (the “Rental Pool Covenant”)…

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Publication, Staff | April 14, 2019 |

Social Media: Have Local Governments Been Blessed or Cursed? Practical Strategies for Risk Management

As published in CBA Municipal Law Section

Social media is a source of both opportunities and liabilities for local governments as service providers and employers. Social media differs from traditional media in that, instead of a oneway broadcast by trained professionals who abide by journalistic codes or ethics and have editors to provide objective review of content for accuracy and compliance with journalistic codes and ethics, social media involves a two-way platform that is available and accessible by anyone with a computer, with no editorial overview. Social media is much further reaching than traditional media used to be, as the content can be disseminated globally in an instant…

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