Risk Management Articles

Recent Articles

  • Municipal Tendering Primer

    Mar 29, 2016
    Tendering is a competitive bidding process whereby project bids that meet set criteria are invited from interested parties and assessed in accordance with strict rules. It is, however, an area that is rife with the potential for liability, as the very act of soliciting bids can lead to legal obligations to various parties.
  • Employees Named in Lawsuit

    Mar 29, 2016
    One of our municipal employees has been personally named as a defendant in a lawsuit. What now?
  • Land Development Approval Process: BC Court of Appeal upholds dismissal of action

    Mar 29, 2016
    The British Columbia Court of Appeal upheld the dismissal of an action against the City of Coquitlam (the “City”) in which the City had been accused of improperly thwarting the plaintiff’s efforts to develop his property.
  • Land Development Approval Process

    Mar 29, 2016
    The City of Coquitlam was recently successful in defending a lawsuit in which a property owner attacked the City’s decisions – made over a period of almost 10 years – to deny a number of development applications with respect to a property in Coquitlam.
  • Building Bylaw Enforcement in British Columbia

    Mar 29, 2016
    Liability for building inspection is an important topic for local governments in British Columbia. Construction and design deficiencies often arise long after construction is completed.
  • Misfeasance in Public Office

    Mar 29, 2016
    The MIABC succeeded in having an action against the District of Sechelt (the “District”) dismissed on the basis of insufficient evidence. The plaintiff, a businessman, made a claim against the District for misfeasance in public office.
  • Elected Officials Engaging in Settlement Discussions

    Mar 29, 2016
    As an elected official, I have been approached about a legal claim that the MIABC is currently defending on behalf of my local government. I believe I can help to resolve it. Am I allowed to get involved?
  • The Importance of Road Signage

    Mar 29, 2016
    The MIABC recently succeeded in appealing a Small Claims Court judgment against the Regional District of North Okanagan. This action arose out of a collision that occurred one morning in November 2011, between a cyclist and a park gate.
  • Intersection Maintenance and Design

    Mar 29, 2016
    The MIABC was recently successful in defending a claim on behalf of the City of Penticton, which had been sued for negligence in the maintenance and design of an intersection in its downtown core.
  • Incident Report not Subject to Litigation Privilege

    Mar 29, 2016
    In Smith v Air Canada 2014 BCSC 1648 Madam Justice Gropper (on appeal) held an incident report created by Air Canada after a passenger was injured on a flight was not privileged.