MacKEnzIE LIDSTONE
BARRISTERS & SOLICITORS

'860 ONE BENTALL CEMTRE
SOS AaURRARD STREET
VANCOUVER. CANADA V7xX IMG

SODERICK M. MacKENZIE
DONALD LIOSTONE

October 13 1 1981 TELEPHONE (604) 6a9-s5263

Mr. R.A, Freeman,

City Clerk,

The Corporation of the City
of Port Coquitlam,

2272 McAllister Avenue,

Port Coquitlam, B.c.

V3C 2a8

Dear Mr. Freeman:

Re: Coquitlam River Foot Bridge

I. VALIDITY oF CONTRACT

Purther to your letter of September 23, 1981 regarding
the above we are Of the view that, with respect to the validity
of the agreement Proposed by the Province:

l. although you stated in
“whole exercis

agreement are not necess
cause:

(a) the City Council has not by by-law or
resolution authorized the Mayor and Clerk to
‘ on behalf of the

C. , Cc. see Amalgamated
Recreation Engineers and Network Associates
Limited v. Town of Sidney et al (1978) MPLR
217;

the City did not formally execute the agreement
under seal: see Manning v. Winnipeg (1911) 21

MR 203; and . , ;

in spite of the City's conduct in accepting
the funds, the City may not be prevented from
establishing it had not Capacity to enter into

4 Manufacturing Company v.
Slavanka School District Trustees (1925) 2 DLR

161.

{2

Wet
wet

ile
 eatatrnirahs Bre of