LPLC Blog Case Summary – True Construction Ltd. v. Kamloops (City), 2016 BCCA 173 (B.C.C.A.)

Introduction

Owners often attempt to increase their flexibility in the tendering process by drafting “discretion” clauses which state that the owner can accept bids that do not comply with the tender documents by waiving the non-compliance. However, the courts have not always enforced these clauses. This has created difficulty for owners who wish to increase their flexibility and avoid potential court claims.

In True Construction Ltd. v. Kamloops (City), 2016 BCCA 173 (B.C.C.A.), the B.C. Court of Appeal provided some clarity on the approach that courts will take to discretion clauses in tendering documents. Continue reading “LPLC Blog Case Summary – True Construction Ltd. v. Kamloops (City), 2016 BCCA 173 (B.C.C.A.)”

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Can Local Governments Purchase and Sell Land and Improvements Without Restriction?

The general rule with regard to local governments is that they do not have the power to do anything except that which they are authorized to do through legislation. There is a vast array of legislation that apply to local governments but the three primary pieces of legislation are the Community Charter [SBC 2003] Ch. 26 (the “Charter”), the Local Government Act [RSBC 2015] Ch.1 (the “LGA”) and the Vancouver Charter [SBC 1953] Ch. 55 (the “Vancouver Charter”).  A review of these pieces of legislation provides an outline of the ability of local government to acquire and dispose of real property and the process involved. Continue reading “Can Local Governments Purchase and Sell Land and Improvements Without Restriction?”

Negligent Misrepresentation and the “Special Relationship”

In addition to the standards dictated by the Canadian Uniform Standards of Professional Appraisal Practice (“CUSPAP”), appraisers have a common law duty of care that is delineated by contract and by the law of negligence and negligent misrepresentation. Contractual duty of care is dictated by the terms of an appraiser’s contract with a client but the duty of care imposed by the law of negligence, including negligent misrepresentation, reaches beyond the client-appraiser relationship.

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Case Review: Urban Communications Inc. v. BCNET Networking Society, 2015 BCCA 297

When is contractual interpretation to be treated as a question of mixed fact and law and when should it be treated as a question of law? This is the question posed by Rothstein J. writing for the Court in Sattva Capital Corp v. Creston Moly Corporation, 2014 SCC 53.  The Supreme Court of Canada will face this question once again when it hears the appeal from the British Columbia Court of Appeal’s decision in Urban Communications Inc. v. BCNET Networking Society, 2015 BCCA 297 (leave granted February 18, 2016).

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British Columbia Civil Resolution Tribunal Act

In 2012, the Civil Resolution Tribunal Act (“Act”) was passed with the objective of using technology and alternative dispute resolution methods to increase access to justice for people with strata property and small claims disputes. The creation of the Civil Resolution Tribunal (“CRT”) was in response to concerns raised surrounding the timely access to justice and the costs associated with arbitration and court proceedings.

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When Chattels Become Part of the Real Property

In the sale of real property and in landlord and tenant arrangements, it is quite common for questions to arise over the ownership of buildings, structures and other items that are on the land at the time of sale or at the end of a tenancy. The question revolves around whether a particular thing is a chattel or has become part of the real property.

Continue reading “When Chattels Become Part of the Real Property”