Greg Allen and Derek Ball win two Court of Appeal cases in one day

We are happy to announce an impressive achievement by Greg Allen and Derek Ball – two Court of Appeal victories in a single day, involving complex municipal law issues. Greg and Derek were tasked with defending a judge’s decision on one point in the case, and appealing the judge’s decision on a different point. In the first appeal, they successfully defended the judge’s conclusion that a municipal approving officer owes no duty of care to future purchasers of subdivided land. In the companion appeal, Greg and Derek successfully argued that a covenant on title registered under section 219 of the Land Title Act may include release terms, and that the release language in the subject covenant was sufficient to release the respondents’ claims against the District of Sechelt.

These two appeals are important developments in municipal law, as municipalities across the province routinely impose section 219 covenants as a condition of approving subdivisions. The Court of Appeal’s decision with respect to the availability of release language in section 219 covenants will provide important clarity and guidance for municipalities, developers and individual property owners going forward.

For more information on Allen / McMillan’s municipal law practice, please contact Greg at greg@amlc.ca.