It’s Foggy Out There, So Dress For It
The Supreme Court of Canada has issued another ‘bidding and tendering’ decision, Double N Earthmovers Ltd. v. Edmonton (City), 2007 SCC 3. The reasoning in ... Continued
Documenting a Trust
What documentation is necessary to create a trust? Can notes on a filed land transfer document create a trust? These questions came up recently in ... Continued
Changes in the Contract Work – CCDC 2’s General Condition 6
As we all know, there are almost always changes to the work during construction. If not handled properly, these changes can and will lead to ... Continued
Misplaced Intentions: Dealing with Lost Wills
Recognizing the importance of setting out their intentions for the disposition of their estate on their death, most people put great care and thought into ... Continued
Colleges, Institutes and University Foundations Not Required to Comply With Municipal Land Use Requirements
Who rules the roost, when it comes to the use and development of land owned by the Province and crown agents? The Province, or municipalities? ... Continued
Imperial Oil Ltd. v. Vancouver (City): Court Limits what City may Require from Developer – Off-site Soils Agreement
Note: this article was updated July 2009 As every land developer knows, the City of Vancouver has the power to impose or stipulate conditions when ... Continued
Spring Cleaning: Good News for Brownfield Developers
Recently, the province’s Supreme Court has twice addressed issues relating to the clean up of contaminated sites.
Continuing Responsibility of Owner in Builders Lien Action
The Supreme Court of British Columbia recently held that an owner remains a proper party to an action to enforce a claim of lien even ... Continued
An Overview of Construction Claims: How They Arise and How to Avoid Them
Institutions of higher learning are undertaking major capital projects to deal with ageing infrastructure, deferred maintenance and the demand of a burgeoning student population. This ... Continued
“At Risk” Construction Management
“At Risk” Construction Management has become a hot topic recently. I’m sure folks have been practising it in different variations for a long time, without ... Continued
Special BLA Considerations for Subcontractors Supplying Materials
Under the previous Builders Lien Act, RSBC 1979, c. 40, contractors and subcontractors who supplied material only were separately defined as “material men”. In the ... Continued
Important Case Update: Designating a Beneficiary Under an RRSP
The recent British Columbia case of Desharnais v. Toronto Dominion Bank (the “Bank”) and TD Securities Inc. (“Evergreen”) illustrates some important issues pertaining to the ... Continued