Welcome to Open Bar, where we will include case reviews, legislative updates and other legal musings we hope will be of interest to local governments and First Nations.

  • Say it Clearly!

    February 2010

    The Supreme Court of Canada has reversed the finding on the applicability of a liability exclusion clause, where the issue at stake was the fairness of the RFP process. An important caution for local governments - read the fuller review for details.

  • I’ll Take the High Road

    February 2010

    In the political arena, defamatory statements and insuations may be defended by elected officials by careful use of their qualified privilege.

  • Walled In

    January 2010

    Courts have traditionally shown deference to local government decisions, and this deference can include the interpretation of building inspectors with respect to permit requirements.

  • In the Works

    January 2010

    Case law has expanded the non-conforming use protection of the Local Government Act to create an "irrevocable commitment to use" category of grandfathering. Read further for the court's most recent comment on this protection.

  • Put It Down or Pull Over

    January 2010

    On January 1, 2010 the law changed to prohibit the use of hand-held cellular phones/PDAs while driving. Read more to learn how you can protect your local government from liability due to employee non-compliance.

  • Tripped Up

    November 2009

    This recent case highlights the significance of the policy defence in local government liability cases, where so long as the policy is reasonable, the local government may be immune from liability in negligence.

  • Calculated Risk: Accepting Bids That Don’t Add Up

    October 2009

    Accepting corrections to bids after closing may breach an owner's duties to bidders. This is especially the case where the correction to pricing leads to a new low bidder. See this review of the Ontario court's decision in Maystar General Contractors Inc. v. Corporation of the Town of Newmarket.

    • The content on this website is not intended to be legal advice, may have changed, or may be inapplicable to your situation. Please consult a lawyer for advice.

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Contract Tip of the Month

What’s in a Name?

Who are you really contracting with? When local governments enter into contracts, they should check the legal status of the parties on the other side. It is important to ensure that all parties to a contract are in fact legal or natural persons: for example, an individual of sound mind and understanding over the age of 19 years, a federally or provincially incorporated company, a society, a partnership or a sole proprietorship. This will confirm that the parties have the necessary legal capacity to enter into the contract in question. Any deficiencies in this regard will affect the enforceability of the contract.