Risk Management Articles

Recent Articles

  • BC’s Disaster Financial Assistance Program

    Apr 27, 2016
    The threat of a natural disaster, such as a flood, fire, or catastrophic earthquake, is a concern for all local governments. Part of the solution is BC’s Disaster Financial Assistance (DFA) Program, which provides local governments and others with financial compensation for damage arising out of disasters.
  • Liability for Detention and Search

    Apr 27, 2016
    A City of Victoria police constable briefly stopped and searched an individual following a reported break and enter. The entire exchange took about seven minutes, after which the individual was released. He later brought an action against the City of Victoria claiming damages for breaches of his rights under the Canadian Charter of Rights and Freedoms
  • Duty to Enforce a Permissive Bylaw

    Apr 27, 2016
    In Burke v Linder 2014 BCSC 1798 Mr. Justice Schultes confirmed a two part test for private nuisance: a defendant’s conduct must substantially interfere with a property interest and such interference must be unreasonable.
  • Bylaw Enforcement Liability

    Apr 27, 2016
    Our local government is being sued for damages as a result of decisions made by the bylaw enforcement department. Can a local government be sued for enforcing or not enforcing its bylaws?
  • Freedom of Information Requests

    Apr 27, 2016
    What should you do if we receive a Freedom of Information request in relation to an event that is the subject of litigation?
  • Wrongful Bylaw Enforcement

    Apr 27, 2016
    The Provincial Court of British Columbia has struck out a claim against the City of Port Coquitlam in which it was alleged that the City had caused damage through their bylaw enforcement activities.
  • Duty to Enforce Ultra Vires Bylaw

    Apr 27, 2016
    The Regional District of Okanagan-Similkameen succeeded in defending a claim alleging it had failed to enforce its Subdivision Servicing Bylaw.
  • Fleet Management Technology

    Apr 27, 2016
    In 2015, the District of Peachland installed a fleet management system for all of its vehicles, large and small, from pickup trucks to lawn mowers to snow plows. The District reports that it is already reaping the benefits of this risk management initiative.
  • Liability for Privacy Breach in British Columbia

    Apr 27, 2016
    High profile cyber attacks are increasingly featured in the news, but the basis of liability for privacy breaches is not well understood.
  • Maintenance of a Cycling Path

    Apr 25, 2016
    In a recent decision, the BC Provincial Court dismissed an action against the City of Surrey in which it was alleged that the City was negligent in its maintenance of a cycling path.