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.
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.
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.
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.
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.
As of August 1st, 2024, the new Fire Safety Act is in force, replacing the former Fire Services Act. The Fire Safety Act received royal assent in 2016 but was not brought into force until now due to concerns about regional districts’ capacity to take on fire inspection duties. Local governments will be interested in several features of the legislation.
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.
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”).
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.
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.