Wanda Simek and Derek Ball win commercial construction trial

Wanda and Derek acted for High End Hotel, a contractor that had done the piling, foundation, and framing of a hotel in Fort St John, BC. High End sued the owner and general contractor for unpaid invoices. The defendants alleged in response that High End’s work was deficient, caused delays or was not approved by written change orders. The most contentious issue was the fact that the hotel was built 1.1 metres lower than specified in the architectural plans – who was responsible for this error?

The court found in favour of High End and concluded that the general contractor was responsible for the elevation error. The court preferred the evidence of High End’s principals and awarded judgment to High End.

This trial involved delving into construction details related to site preparation, land surveying, concrete pilings, grade beams, foundation slabs, framing a four-storey hotel, and complex roof truss plans.

For more information on this case, visit 2022 BCSC 391. For more information on Allen / McMillan’s construction law practice, please contact Wanda at wanda@amlc.ca or Derek at derek@amlc.ca

Meet Thea, our new Counsel!

Meet Thea! She joined AMLC as counsel in January. Thea has a diverse practice in administrative law, appellate advisory and advocacy, municipal law, and defamation. She also teaches as an Adjunct Professor at the Peter A. Allard School of Law. We’re excited to welcome Thea and her wealth of experience to the AMLC team.

Liam Babbitt successfully defends action to force the sale of a jointly owned property

Liam successfully defended an action brought by a co-owner under the Partition of Property Act (PPA) to force the sale of a jointly owned property.

Typically, when two parties equally own a property, either one can apply to the court to have it sold under the PPA. In this case, however, after living in a property for about a year, the co-owners decided to rent it out. The co-owners later separated and one of them brought an action to compel the sale of the property under the PPA. Liam established that in order to receive an order for the sale of a jointly owned property, a co-owner must have the right to immediate possession of the property. In this case, as the property was rented out, the court found that the co-owner did not have immediate possession of the property and was not entitled to an order for its sale.

For more information on this case, visit Benias v Lee, 2021 BCSC 2312 or contact Liam at liam@amlc.ca.

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.   

Wes McMillan recognized in 2022 Edition of The Best Lawyers in Canada™

One of our partners, Wes McMillan, was recently included in the 2022 Edition of The Best Lawyers in Canada™ for his work in Real Estate Law. Wes is honoured to be recognized by his peers in the legal community. Congrats Wes on this incredible recognition!

You can learn more about Best Lawyers, a peer review publication and a source of legal referrals, on their website.

Wes McMillan Writes Chapter in BC Civil Trial Handbook

AMLC’s Wes McMillan is the proud author of “Preparing Documentary Evidence in a Civil Case”, a chapter in the latest edition of the British Columbia Civil Trial Handbook released on July 1, 2021. The handbook is prepared annually by leading advocates in BC and can be found online at the Continuing Legal Education Society of British Columbia: https://store.cle.bc.ca/productdetails.aspx?title=British-Columbia-Civil-Trial-Handbook-ONLINE&pid=4276500.