Articles & Publications

Publication, Staff | July 11, 2024 | Kyle Laplante

Building Contracts, Warranty of Fitness and Faulty Designs: Who is on the Hook?

When entering into building contracts, contractors should be made aware of the potential impacts and consequences of certain provisions, specifically those concerning warranties of fitness and guarantees of good workmanship. This article discusses express and implied terms related to warranties and the implications that arise when parties agree to adhere to specific materials and designs for construction which subsequently results in defective work.

As published in the NRCA’s Northern Construction Connection July 2024 Newsletter, and VICA’s e-New.

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Article, Staff | July 10, 2024 | Aidan Andrews

Court of Appeal Rules Class Action Plaintiffs Can Pursue Claim for Careless Safeguarding of Personal Information

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”).

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Publication, Staff | June 12, 2024 | Marcela Ouatu

Holdback Liens Against Holdbacks Up The Construction Chain – Hi-Tide Shoring & Foundations (2012) Ltd. v Chandos Construction Ltd.

In the recent case of Hi-Tide Shoring & Foundation (2012) Ltd. v Chandos Construction Ltd., the British Columbia Supreme Court considered whether a sub-subcontractor on a construction project may claim a holdback lien against the holdbacks held up the construction chain or was limited to claiming against the holdback that relates to the sub-subcontractor’s own contract. The Court said that subcontractors may claim against holdbacks retained at each level of the construction chain up to the holdback retained by the owner. However, when it comes time to determine how much the subcontractor is paid for that claim of lien, section 34 of the Builders Lien Act may limit the amount the lien claimants may recover through such claims.

As published in the NRCA’s Northern Construction Connection June 2024 Newsletter, and VICA’s e-New.

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Article, Staff | June 3, 2024 | Michael Moll

Legal Issues in Municipal Tax Sales – 2024

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 attracted media attention and revealed the significant financial and emotional risk to owners, and the significant liability risk to municipalities, that can arise from misunderstanding or being unaware that a property has been sold for municipal tax sales. When conducting a tax sale, a collector’s first reference should always be to the procedures set out in the Local Government Act, RSBC 2015, c 1 and the Community Charter, SBC 2003, c 26 .1 The intention of this paper is to provide supplementary commentary on legal issues that arise from matters not expressly covered in the statute.

Presented at the GFOABC Annual Conference in Kamloops, BC on June 4, 2024.

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Article, Staff | May 16, 2024 | Michael Moll

Questions of Duty, Discretion and Liability: When Every Bylaw Cannot be Effectively Enforced Everywhere All at Once

A local government bylaw enforcement officer will be aware of many bylaw contraventions within their community. The responses from the community and the local government to these contraventions may differ widely. This paper addresses several questions that commonly arise with regard to when and how bylaw enforcement action should be taken.

Presented at the LGCEA Annual Conference on May 16, 2024.

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Publication, Staff | May 8, 2024 | Kai Hsieh

How New Amendments to the Local Government Act Can Affect Developers and Contractors: An Overview of the Housing Statutes Amendment Act, 2024, SBC 2024, c 11

In addition to the slew of changes made to the Local Government Act and Community Charter last year and earlier this year, British Columbia’s recently-enacted Housing Statutes Amendment Act, 2024 came into force on April 25, 2024. Accordingly, developers and contractors should be aware of potential changes coming to their municipality or regional district that may affect future building projects.

As published in the NRCA’s Northern Construction Connection May 2024 Newsletter, and VICA’s e-New.

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Publication, Staff | April 11, 2024 |

The Requirement for Reasonableness in Rezoning Decisions: Lessons for Local Governments and Builders in Fergus Creek Homes Ltd. v. City of Surrey

Land developers and builders will be familiar with the decision-making powers over land use that are conferred to British Columbia local governments under the Local Government Act as well as the required approvals that are needed from these public bodies where a proposed land development project requires an amendment to the official community plan or a rezoning of the lands prior to proceeding with the project. The recent decision of Fergus Creek Homes Ltd. v. Surrey 2024 BCSC 207 provides a recent example of how a judicial review can be used by land developers to challenge local government decisions over land use.

As published in the NRCA’s Northern Construction Connection April 2024 Newsletter, and VICA’s e-New.

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Publication, Staff | February 14, 2024 | Marcela Ouatu

Builders’ Liens and Stays of Proceedings in Receiverships

Pandemic-related debt, high interest rates, high energy costs, shortages of labour and rising costs of equipment and materials could all contribute to a rise in the number of insolvencies in the construction industry. A contractor becoming insolvent can have a number of impacts on both the project owner, the subcontractors and suppliers. This article discusses a particular issue related to a contractor becoming insolvent after subcontractors have filed builders liens against the project property.

As published in the NRCA’s Northern Construction Connection February 2024 Newsletter, and VICA’s e-New.

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Publication, Staff | January 10, 2024 | Kai Hsieh

Waivers in Contracts and their Risks and Consequences to Parties

It is a common understanding that parties to a contract are bound by the provisions of that contract. However, there may come a time when one or more parties wish to waive a provision in the contract, or when one party breaches a contract, but the other party is prepared to overlook the breach. These situations raise many important questions: if you expressly waive an obligation does this waiver last indefinitely? If you do not explicitly waive an obligation, but take no action in response to the breach, has that obligation been waived?

This article gives readers an overview of the law on waivers, the difficulties surrounding waiver, and the ways parties often try to protect themselves from the uncertainty of waivers.

As published in the NRCA’s Northern Construction Connection January 2024 Newsletter, and VICA’s e-New.

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Publication, Staff | December 13, 2023 |

The Consequences of Building in Violation of Local Rules: A Case Comment on City of Surrey v. Sidhu 2023 BCSC 1837

Building a residence or structure without obtaining the necessary permits and where the construction contravenes local bylaws can be a costly lesson for property owners when they become the target of enforcement action by a regulator or local authority. The recent British Columbia Supreme Court decision in City of Surrey v. Sidhu 2023 BCSC 1837 (the “Petition Proceedings”) highlights the consequences of undertaking construction projects in flagrant violation of local building requirements and carrying on with such construction after a stop work order has been posted on the property.

As published in the NRCA’s Northern Construction Connection December 2023 Newsletter, and VICA’s e-New.

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