Charities Conference

Course Date: October 18, 2002

Welcome and Introduction

Raymond E. Young — Young Anderson, Vancouver

Drafting and Anatomy of the Subdivision Agreement

  • simple subdivision agreement to secure servicing
  • latecomer amendments
  • complex master development agreements
  • restrictions on local government’s ability to contract in relation to subdivision

Colin Stewart — Staples McDannold Stewart, Victoria 

Subdivision Dedications: Parks, School Lands, and Highways

  • legislative framework
  • Local Government Act
  • Land Title Act
  • case law
  • practical tips

Gregory M. Vanstone — City Solicitor, The Corporation of Delta, Delta

Networking Break

Security For Infrastructure Works: Letters of Credit

  • authority to require security
  • what a letter of credit is and why it is used so predominantly
  • what terms to look for in a letter of credit
  • alternative types of security: performance bonds, guarantees, and more

Christina Reed — Young Anderson, Vancouver 

Regulation of Lot Sizes, Subdivision Standards, and Discretionary Imposition of On-site and Off-site Works and Services

  • legislative tools to control subdivision
  • impact of new bylaws on existing subdivision applications
  • authority of local government to provide services and legislative tools to recover cost for provision of services
  • power to require new services/connection to existing services

Sonia Sahota, PEng — Valkyrie Law Group LLP, North Vancouver 
Pamela J. Jefcoat — Valkyrie Law Group LLP, Vancouver

Lunch (on your own) and Optional Session

Approving Officers' Discretion and Judicial Review

  • grounds for appeal and judicial review—the leading cases
  • Dunsmuir and the standard of review
  • current case law update

Raymond E. Young — Young Anderson, Vancouver

Development Cost Charges and Credits and Subdivision Works and Services

  • legislative framework for DCCs
  • when and how are DCCs payable
  • DCC exemptions
  • offsetting DCC payments
  • subdivision works and services: on-site and off-site

Brian E. Taylor — Bull, Housser & Tupper LLP, Vancouver

Networking Break

Latecomers' Schemes and Fees and Extended Works and Services

  • the legislative framework for latecomer schemes
  • the role of local government and the approving officer in requiring excess or extended services
  • servicing costs considerations for developers with excess or extended works and services

Christopher S. Murdy — Murdy & McAllister, Vancouver

Covenants, Building Schemes, and Statutory Rights of Way

  • mandatory and discretionary requirements of approving authorities
  • drafting demands and tips on avoiding defect notices
  • legislative and enforcement loopholes and ethical considerations

Lui Carvello, MCIP — Lawyer and Planner, Victoria