Articles & Publications

Publication, Staff | September 11, 2026 | Kai Hsieh

Is That Proper Easement?

Easements are pervasive in the use and development of land. In the construction process, they are used to permit a developer to install shoring into, or swing a crane into the airspace of, an adjacent parcel. Throughout and afterwards, they can, for example, be used to ensure a parcel can run utility lines over, get access through, or park on another parcel. For the uninitiated, an easement is, at its core, a right of one person over another person’s property. This raises an obvious question: what is the difference between an easement and another right of access and use such as a licence?

As published in the NRCA’s Northern Construction Connection September 2026 Newsletter and VICA’s e-New.

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Publication, Staff | August 12, 2026 | Diana Wang

Ignorance is Not Bliss – An Overview of Default Judgements in British Columbia

In the construction industry, disputes over payment, performance, delays, and contract obligations can lead to litigation. While parties are often focused on the merits of a legal claim, the outcome of a claim can be determined before those issues are ever considered by a court. If a defendant fails to respond to a claim within the required time, the plaintiff may be entitled to obtain a default judgment—a court order granted not because the claim has been proven at trial, but because the defendant did not participate in the proceeding.

As published in the NRCA’s Northern Construction Connection August 2026 Newsletter and VICA’s e-New.

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Article, Staff | August 10, 2026 | Peter Mate

Troubled West End Waters

When a municipality seeks electoral approval to borrow funds for an amenity, voters are provided with a very general description of what is being built. When that plan for the amenity changes from what residents expected on voting day, what can concerned residents do? In this two-part series, the Court in Protecting our Vancouver Aquatic Centre Society v. City of Vancouver, 2026 BCSC 1285 was tasked with deciding whether it should prevent a municipality from closing an amenity (Part 1), and judicially reviewing of a decision to replace the amenity given the wording of the plebiscite and what was disclosed in materials provided to voters (Part 2).

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Publication, Staff | July 16, 2026 | Peter Mate

Privilege and Reprisal Clauses: Tipping the Balance

This article explores how local governments exercise broad discretion in awarding construction contracts through “privilege clauses”, including related “reprisal clauses”. “Tendering” is the process by which a person (an “Owner”), who intends to enter into an agreement relating to their land with another person (a “Contractor”), solicits binding offers.

As published in the NRCA’s Northern Construction Connection July 2026 Newsletter and VICA’s e-New.

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Publication, Staff | June 10, 2026 | Aidan Andrews

Shimco, Shim-go: Farewell to an Oddity

A curious chapter in British Columbia’s construction law history is coming to a close. With the enactment of the Construction Prompt Payment Act, the days of the much-maligned “Shimco lien” are numbered. Most readers will be familiar with a builders lien – if a person performs work or supplies material in relation to an improvement, that person has a lien over the land and improvement and the material supplied for the amount they have not been paid.

As published in the NRCA’s Northern Construction Connection June 2026 Newsletter and VICA’s e-New.

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Article, Staff | May 26, 2026 | Michael Moll

Legal Issues in Municipal Tax Sales

Tax sales have been a municipal collection remedy in British Columbia for over a century. More recently, tax sales of property in Penticton, Spallumcheen and Pemberton have illustrated the significant financial and emotional consequences to owners, and the significant financial and political risk to municipalities, that can arise from owners misunderstanding the tax sale process or being unaware that their property has been sold. The court has also recently considered the interplay between Aboriginal title and tax sales.

As presented at the GFOABC Annual Conference May 26, 2026, by Michael Moll.

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Article, Staff | May 26, 2026 | Michael Moll and Aidan Andrews

When Tax Collection Goes Wrong

The collection of property taxes from ratepayers is a core function of British Columbia municipalities. Most of the time, taxes are imposed and collected without much fuss. On occasion, a municipal collector might discover that the municipality has made a mistake. This mistake could be a miscalculation in a tax notice, a misapplied payment or a misdirected refund. A larger error, such as an improperly imposed tax, could impact hundreds or thousands of ratepayers. Some mistakes can be more easily and cheaply addressed than others.

As presented at the GFOABC Annual Conference, May 27, 2025, by Michael Moll and Aidan Andrews. Paper revised May 2026.

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Publication, Staff | May 21, 2026 | Kai Hsieh

When Does a Strata Subdivision Need Local Government or Approving Officer Approval?

Most strata plans are prepared and filed around the time construction of a building is complete. For new builds with conventional strata plans, local government or approving officer approval may not be required. However, for developers and builders hoping to avoid hiccups when completing their development or project where they involve stratification, they should be aware of certain scenarios where approval of a local government or an approving officer is required before depositing the strata plan.

As published in the NRCA’s Northern Construction Connection May 2026 Newsletter and VICA’s e-New.

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Publication, Staff | April 8, 2026 | Aidan Andrews

Development By Water: A Short and Dense Primer on BC Riparian Area Protection

There can be any number of issues arising in development from the physical features of a site and the complex web of regulation relating to those features. Just one aspect for developers to keep in mind is how a site’s proximity to a watercourse, waterbody or wetland may impact their plans. British Columbia’s Riparian Areas Protection Act authorizes the Lieutenant Governor in Council to, by regulation, establish directives regarding the protection and enhancement of riparian areas considered to be subject to residential, commercial or industrial development.

As published in the NRCA’s Northern Construction Connection April 2026 Newsletter and VICA’s e-New.

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Publication, Staff | March 12, 2026 | Kai Hsieh

What Happens if Your Building Extends Into, Above or Below a Municipal Sidewalk

Every property owner probably knows roughly where their property begins and ends. However, without having a survey done, they likely aren’t aware of their property’s exact boundaries and may be unaware that part of their building on their property is actually encroaching onto another property.

As published in the NRCA’s Northern Construction Connection March 2026 Newsletter and VICA’s e-New.

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