The Supreme Court of British Columbia recently took a local church to task over its ongoing disputes and failure to comply with its own bylaws. On April 18, 2007, Justice Smith delivered a somewhat gentle but nonetheless embarrassing rebuke of Church members and their ongoing arguments over compliance with legal requirements governing church process (these…
Contractors, business people and professionals alike often spend sleepless nights worrying about the potential of being sued and dragged through expensive litigation because of actions taken by themselves or some employee, even from a long time ago. Besides buying insurance, the effectiveness of which may be questionable in some circumstances, and trying to be careful,…
The convergence of recent court decisions and news headlines speaks of the continuing evolution of homosexual rights, not just in our country but internationally. Based on recent experience, the growing body of law and public opinion on this topic create the potential for inevitable and ever-increasing conflict between religious freedom and legally recognized societal values. …
The past few weeks have been difficult ones in Canada when it comes to the accommodation of religious belief and practice. The Town of Hérouxville in Quebec has published “Standards” for its community. While these “Standards” purport to welcome all people without discrimination, the town’s stated goal is to inform new arrivals into the area…
The Courts have been slow to interfere in conflicts between non-profit entities, including those incorporated under the Societies Act of British Columbia (such as many churches), and their members. But a case decided by the Supreme Court of British Columbia on December 6, 2007 shows that this reticence may be changing, and that membership, even…
This time of year brings plenty of opportunity for clinking of glasses and sharing a sip (or two) of your favorite Christmas cider with customers, fellow workers, friends or family members. Most of us are responsible enough to avoid allowing our guests to become part of this season’s statistical carnage, but what happens when a…
A recent case identified a common problem in construction: doing work for friends. When skilled construction people agree to help out friends they need to remember that there are the same (and even greater) risks involved as when they are working commercially. Forget the basic business practices at your peril. FACTS Mr. P was a…
What happens when a contractor (or subcontractor) decides to quit that business altogether or stops buying liability insurance? Does uninsured liability still loom? Must the contractor maintain insurance forever? Or is the fact that he had insurance when he was conducting his business enough to protect him? As with most answers in things legal… it…
In British Columbia, a provincial statute provides for a mandatory exemption from property taxes for places of worship and the land on which the building itself stands. Local municipalities have the discretion to grant a permissive exemption for the land surrounding the place of worship (such as parking lots or “non-worship” space). On August 4,…
As most experienced general contractors and subtrades know, the tendering process creates rights and obligations that must be taken seriously. A recent case involving a dispute over the awarding of a steel work subcontract illustrates well the legal pitfalls of not giving a low bidder the contract (or subcontract in this case) on the basis…