As the economy ebbs and flows, the status of current construction projects may fluctuate and work may stop for 30 days or more at some points. In these circumstances it can be difficult to know whether or not a project will be completed or whether it has been abandoned. This can have a significant effect…
On January 23, 2009, the Supreme Court of British Columbia released their decision in Lutzv. Faith Lutheran Church of Kelowna, 2009 BCSC59, a case concerning a church fight gone terribly wrong. In early 2007, the Faith Lutheran Church of Kelowna was a small congregation of 110 members. They had recently hired a new pastor. Their National Convention…
Kevin Boonstra, Ian Moes, Andrew Delmonico, Jonathan Maryniuk and Anne Cochrane teach our Construction Law Course in various parts of British Columbia. This course is offered in conjunction with the Canadian Home Builders Association of British Columbia’s Certified Residential Builder Program. For more information on the Construction Law course and to register for the course…
Can Government Scoop Builders’ Lien Holdback for Tax Claims? Who gets the holdback monies in a face-off between Builders Lien claims, a Contractor’s back charges and a claim against those funds by Canada Revenue Agency (CRA)? A recent British Columbia Supreme Court case, heard on September 11-12, 2008, does much to clear up the area of…
Suppliers, subtrades and others in the construction industry often question the potential benefit of filing a Builders Lien. Owners and Owners, on the other hand, are often faced with having to obtain discharges of the liens in order to obtain financing or construction draws. A recent case from our Court of Appeal highlighted issues that arise when…
There is a wide spectrum of voluntary associations in British Columbia. They range from social clubs to sporting organizations to religious groups to professional associations. But how are the members of these voluntary associations supposed to be treated? A recent decision of the British Columbia Supreme Court confirms that your parents were right – you…
You buy insurance to protect you if things go wrong. Last Thursday the BC Court of Appeal confirmed that insurance does not defend builders against many claims arising due to negligent subtrades. The Court held that Progressive Homes Ltd. (“Progressive”), and hundreds of other builders in BC, did not have the umbrella insurance they thought they…
Trinity Western University is a private post-secondary university that teaches from a Christian perspective. In 1995 it applied to the British Columbia College of Teachers (BCCT) for permission to award baccalaureate degrees in education. The BCCT refused to grant permission, arguing that the university’s code of conduct was discriminatory and that those graduating from Trinity…
In 1997 the Board of Trustees of School District No. 36 (Surrey School Board) refused to approve three books depicting same-sex parented families as supplementary learning resources, for use in teaching the family life education curriculum on the basis that, among other things, the books would create controversy. Their decision was appealed and we represented…
During a period of protest in 2002 about the lack of social housing for the poor and homeless in Vancouver, some of the protesters entered a building that had formerly housed the Woodward’s Department Store. We represented the owner of the building, the Provincial Rental Housing Corporation, and obtained a court order on short notice…