Legal news and trends for Canadian in-house counsel and c-suite executives
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SPOTLIGHT By Daryl-Lynn Carlson Abandoned builds City lawyers focus on public safety. A bandoned construction sites are creating safety concerns, threatening the integrity of infrastructure, and sending City of Calgary lawyers scouring through municipal law to find ways to protect the public. There are at least seven sites devel- opers deserted within the city's core that are of foremost concern. They pose a safety hazard and in one instance, a busy downtown street collapsed when a sinkhole developed at an adjacent construction site. The crisis prompted city's lawyers to find creative means to force developers or their financiers to absorb the cost of ensuring the sites' safety. "The impact on surrounding prop- erty owners, city infrastructure, and on public safety is a major concern for the city," says Paul Frank, a lawyer with the City of Calgary's Corporate Services Department and one of two lawyers who have been working full time on options to secure the sites. "In the public interest, the city has had to take a number of steps. We're the only ones in Canada with this issue." Currently there are seven sites in the city's core that have been abandoned and while there are others in the outlying suburbs, the sites downtown have been the priority. One of the sites was to be two condominium towers and the hole in the ground is seven storeys deep. City council has initiated measures to protect the public while the city's admin- istrators approved spending tax dollars to secure the sites. Still, $500,000 has been added to the tax roll to cover the expense of getting developers to comply, says Frank. The problem is that many of the developers are simply disregarding the city orders to comply or they can't afford to comply. The Municipal Government Act pro- vides orders and costs can be recovered for unsafe or unsightly exca vations. The property owner can be ordered to secure the site and pay the costs, although any costs that aren't recovered are put on the tax roll as a lien. Ultimately the city can take owner- ship of the site or sell it at auction, but the process can take up to three years. So Frank, lawyer Susan Trylinski, and outside counsel Richard Billington of Billington Barristers, have been working Smarter leasing solutions for better commercial direction NEW Insurance and Risk Management in Commercial Leasing This is a desktop guide to the insurance and risk management provisions of a commercial lease. This publication will identify and discuss the types of insurance typically required of landlords and tenants as well as subrogation, release and indemnity provisions; and damage and destruction provisions. It explains industry phrases and terminology and provides invaluable tips and precedent clauses. Hardbound • 210 pp. • April 2009 • $98 P/C 0299010000 • ISBN 978-0-88804-483-9 NEW Shopping Centre Leases, Second Edition Shopping Centre Leases has been considered the definitive text on the subject since its inception and is now revised and updated. Whether your client is considering a lease or in the middle of a default, this resource provides the insight you need to guide your client through any situation in these uncertain economic times. Hardbound • 1,108 pp. • 2008 • $185 P/C 0279010002 • ISBN 978-0-88804-477-8 For a 30-day, no-risk evaluation call: 1.800.565.6967 CA065 10 • OCTOBER 2009 CA065 (CL 1-2h).indd 1 Canada Law Book is a Division of The Cartwright Group Ltd • Prices subject to change without notice, to applicable taxes and shipping & handling. INHOUSE CL1009 8/24/09 1:43:39 PM Editor- Q.C., LSM with in- Chief H leading experts as contributors arvey M. H aber, numerous Dawn Michaeloff