Risk Management Articles

Recent Articles

  • Municipal Liability for Building Inspection

    Apr 21, 2016
    The following is an overview of the law regarding municipal liability for building inspection in British Columbia. It has been prepared for educational purposes for the use of members of the Municipal Insurance Association of British Columbia.
  • New Building Act Provisions Now In Force

    Apr 19, 2016
    New sections of the Building Act, SBC 2015, c. 2 (the Act) came into force on December 15, 2015 which has a significant effect on local government and other local authorities.
  • Importance of Proper Record-Keeping

    Mar 31, 2016
    in 2015, the Ontario Superior Court issued judgments against two different local governments, finding them negligent in carrying out winter maintenance duties. While the facts of each case are different, both highlighted the importance of good record-keeping practices.
  • Duty Owed to Negligent Drivers

    Mar 29, 2016
    What is the duty owed by a municipality to an unsafe driver who fails to take appropriate care for his or her own safety? Two cases are examined to differentiate between the existence of a duty of care and the standard of care required to meet that duty.
  • Victoria Not Required to Pay Advanced Costs

    Mar 29, 2016
    The City of Victoria successfully defended a Small Claims Court action for damages arising out of a brief, seven-minute detention and search carried out by a City police constable.
  • Sewer Backup Liability

    Mar 29, 2016
    MIABC Legal Counsel successfully defended a claim against the District of North Vancouver by a plaintiff suing for costs incurred when a sewage blockage caused flooding to his home.
  • In support of a “robust” approach to children’s play

    Mar 29, 2016
    Aron Bookman of Carfra Lawton LLP, was successful in having an action against the Corporation of the District of Saanich dismissed following a summary trial involving a child that was injured while playing a game of Grounders at a playground.
  • Service Agreements For Building Inspections

    Mar 29, 2016
    British Columbia’s new Building Act was introduced this spring and its provisions will come into force over the next two to four years, with some components already in effect. The new legislation brings significant changes in relation to the building inspection regime and it has BC’s local governments considering its implications.
  • Trees: Managing the Risk

    Mar 29, 2016
    Trees present unique hazards. They are constantly growing and changing, creating new risks as they do. Their branches grow across stop signs, impeding the view of motorists. The key to managing risks created by trees is the adoption and proper implementation of a Tree Policy.
  • Negligent Misrepresentation

    Mar 29, 2016
    A $1.2 million lawsuit was brought against the Town of Markham, Ontario in August 1989 when developers sought to recover the costs of the aborted purchase from the Town.