As published in Northern Construction Connection November 2020 Newsletter.
The obligation to either negotiate or perform a contract in “good faith” is found in many commercial agreements. While these are “big picture” concepts, they can have very real implications when a dispute arises.
On July 31, 2020, the federal government launched its long-awaited COVID Alert app (“Covid Alert” or the “App”). The App seeks to bolster contact tracing by letting people know if they have been in contact with a person who has tested positive for COVID-19.
As published in Northern Construction Connection October 2020 Newsletter.
In 2016, the City of Langford’s Chief Building Inspector issued a building permit for the construction of a residential / commercial strata complex. An architect was not involved in the project – the design and drawings were completed by a designer.
In 2014, the plaintiff, Ms. Abdi, was seriously injured during a gathering at the residence of the defendant tenants, Mr. and Ms. Bottomley. Ms. Abdi and other guests were gathered around a fire in the Bottomley’s backyard that was contained in a wheel rim acting as a fire pit. Mr. Bottomley poured used motor oil onto the fire, causing an explosion that severely burned Ms. Abdi.
As published in Northern Construction Connection September 2020 Newsletter.
What is a Builders Lien? A lien is a legal right against assets that are used as collateral to satisfy a debt. The Builders Lien Act (the “Act”) of British Columbia provides a lien for payment owed to a party that performs work and/or supplies materials in relation to an improvement.
On May 13, 2020, the Supreme Court of British Columbia considered two actions against the Regional District of Okanagan-Similkameen (“RDOS”) regarding a downzoning of a property on Osoyoos Lake (“Property”) to correct an error.
Mr. Grelish, a sophisticated land and property developer, was the directing mind of both corporate Plaintiffs. Since 2002, Mr. Grelish had made several fruitless attempts to have the zoning of the Property changed from Large Holdings (“LH”) to RM1, to increase the Property value. In 2005, an RDOS staff member accidentally entered the zoning designation for the Property into the database as RM1…
As published in Northern Construction Connection July 2020 Newsletter
The variety of contract models that may be used for construction work is reflective of the broad range of projects undertaken by the industry and the flexibility needed to address pricing options. Where owners may require ongoing, but sporadic, maintenance services, or multiple routine pieces of work, or relatively small-value projects, the frequency, timing, value and scope of the work of individual assignments may not be fully known in advance. An option for parties wanting to engage in such projects may be to enter into “as-and-when” contracts…
In 2016, the City of Langford’s Chief Building Inspector issued a building permit for the construction of a residential / commercial strata complex. An architect was not involved in the project – the design and drawings were completed by a designer. The Architects Act (the “Act”) required the involvement of an architect in the project as the building exceeded 470 m2 in gross area. The AIBC (the professional body that regulates the profession of architecture in British Columbia) brought a petition seeking a declaration that the decision to issue the building permit was unreasonable…
As published in Northern Construction Connection June 2020 Newsletter
In this July 24, 2019 Ontario Superior Court of Justice decision, Justice Sally Gomery addressed the question of whether the City of Ottawa was legally required, as part of a site-specific rezoning process, to advise the developer, Charlesfort Developments Ltd. (Charlesfort), of the risks of developing next to critical municipal infrastructure that was located in an adjacent municipal easement. In this case, the property was being rezoned to permit the development of a 15-storey condominium tower with a 2-storey underground parking garage. The property adjacent to the development site contained an easement in favour of the City of Ottawa, within which a high-pressure water main was located……
March 26, 2020 UPDATE
For the duration of the provincial state of emergency (which means it is retroactive), local governments are not required to have the public attend and do not need to comply with the Community Charter or Local Government Act requirements for electronic meetings or participation by Council or Board members by electronic means…..