David Tupper, Claims & Risk Analyst, MIABC
Jeff Locke, Legal Counsel, Stewart McDannold Stuart
The intersection of local government and municipal approving officer authority pertaining to subdivision approval has, and continues to be, a source of litigation claims against local governments. These claims commonly relate to issues such as slope failures or other geotechnical events, groundwater surface drainage flooding and issues with adjacent roadways. In Held v. District of Sechelt, 2021 BCCA 350, a claim against the District of Sechelt’s former approving officer was successfully defended on the basis of the court finding that no private law duty of care was owed by the approving officer to the ultimate purchasers of the subdivided lots. Subsequent development-related litigation is showing signs of a shifting interest the roles played by municipal staff in supporting the work of municipal approving officers and, similarly, by regional district staff in responding to referral requests from Provincial approving officers.
Join MIABC's Claims and Risk Analyst David Tupper and Jeff Locke, Litigation Counsel for Stewart McDannold Stuart as they share what the MIABC and its external liability defence counsel are currently observing and recommending to local governments to better improve safe processes at an attempt to avoid risk and litigation claims. Does your position involve planning and development for a local government? Are you a municipal approving officer? If so, you don't want to miss this session!
This webinar is completely FREE to join for staff and elected officials of BC local governments and First Nations governments.
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