What does “lockup” mean and when is a project at the “lockup” stage? These questions were recently the subject of a dispute before the BC Supreme Court. FACTS In Skadberg Construction Ltd. v. Buschholz, 2010 BCSC 869, Skadberg Construction (the “Builder”) and Buschholz (the “Homeowner”) entered into a construction agreement based on the precedent provided by…
Recently, there was a BC Supreme Court decision that dealt with the consequences of accepting a non-compliant bid. The judge also had some stern warnings for the parties about undermining the integrity of the tendering process when parties do not follow the rules. FACTS In Cranbrook Interior Woodwork Ltd. v. D & T Developments Ltd.,…
On March 9, 2010 the Supreme Court of British Columbia weighed in on yet another church dispute in our province (Viitre v. St. Peter’s Estonian Evangelical Lutheran Church, 2010 BCSC 296). Try though they might, churches in B.C. seem to keep ending up before the courts. There are three lessons from this latest conflict that churches…
When a project is nearing completion, it is important to properly issue a certificate of completion and give adequate notice to contractors and subcontractors. As a recent decision of the BC Supreme Court shows, one owner found this out the hard way. FACTS In Alterra Property Group v. Doka Canada and Peri Formwork Systems, the owner…
One of the big questions in tendering law in recent years is how an owner can protect themselves against unsuccessful bidders when they want to accept a non-compliant bid. This question has been making its way through the legal system in Canada and the Supreme Court of Canada has recently set out a new test.…
If you want to limit your liability, you must have strong contracts. That is what a recent decision of the BC Supreme Court told an unfortunate home inspector, handing him a judgment in the amount of almost $190,000. FACTS In the case, two individuals (the “Purchasers”) entered into an agreement to purchase a house in…
As the school year draws to a close, you may be thinking about sending your children to camp this summer. Many religious organizations operate summer camps, which usually include some sporting activities. A recent policy statement from Canada Revenue Agency (CRA) provides some indication as to whether or not these sporting activities will be considered…
When disputes over alleged deficiencies arise during construction, the paying party will quite often refuse to pay any further money until the deficiencies are fixed. When this occurs the contractor (or subcontractor) will usually refuse to do any further work until they are paid. The result can be like trying to solve a murder mystery game of…
What happens when a child under 16 refuses a medically necessary procedure that may save her life in order to uphold her strongly held religious beliefs? Until recently, the law was not clear as to whether paternalistic child protection legislation violated the Charter of Rights and Freedoms. The Supreme Court of Canada has, however, now set…
For the past 29 years in Alberta, Hutterite communities have been exempt from the requirement to have their photograph taken in order to obtain a driver’s license. On July 24,2009, the Supreme Court of Canada put an end to that. The two Hutterite communities in question object to having their picture taken on religious grounds.…