Can a municipality obtain contribution and indemnity from a property owner for failing to comply with its by-laws?

British Columbia, Canada


The following excerpt is from Orange Julius Canada Ltd. v. Surrey (City of), 2000 BCCA 467 (CanLII):

The City cites no authority in support of its contention that the owner owed it a statutory duty to comply with its by-laws and I know of no basis upon which it could be said that the passing of municipal by-laws gives rise to a duty, owed by property owners to the municipality, the breach of which would support a claim such as the city makes for contribution and indemnity here. As the applicants point out, the duty that arises on the passing of a by-law is borne by the municipality to all those who might be injured by the negligent exercise of the power to issue permits and conduct inspections that are vested in the municipal authorities: Rothfield v. Manolakos, 1989 CanLII 17 (SCC), [1990] 1 W.W.R. 408 at 415 (S.C.C.). That may be why the City purported to obtain an indemnity from the owner when it issued the permit to build the shopping centre.

Other Questions


Can a constructive trust remedy be used against a property owner who has made a constructive contribution to the property? (British Columbia, Canada)
Can a municipality be held liable to a property owner if it is negligent in the enforcement of a building bylaw containing mandatory provisions? (British Columbia, Canada)
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
Does a 3/4 vote of the Owner of a strata bylaw 16.1 violate the Owner's expectation that strata council positions will not be allotted by strata lot type? (British Columbia, Canada)
Does a municipality's condonation of a violation of its bylaw preclude it from later seeking to enforce the same bylaw? (British Columbia, Canada)
Can a strata recover damages from a property owner who causes damage to common property or strata lot? (British Columbia, Canada)
In what circumstances will a plaintiff be able to bring a claim for damages against the owner of the property for failing to prevent the spread of a disease-infected tree? (British Columbia, Canada)
What is the range of damages awarded in a personal injury action against a property owner who lost access to their property due to trespass? (British Columbia, Canada)
Can a party obtain access to a searchable searchable document without obtaining permission from the owner? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.