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.)”

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.

Continue reading “British Columbia Civil Resolution Tribunal Act”