Shawnigan Residents Association
January 24, 2017 Judicial Review: Justice Sewell Decision Released
The decision of Mr. Justice Sewell of the British Columbia Supreme Court was released today, setting aside the decision of the Environmental Appeal Board (the "Board") and reinstating the stay of the permit that allows Cobble Hill Holdings (CHH) to operate a contaminated soil landfill in the Shawnigan Lake watershed. See paragraph 199 below:
The Court has held that the evidence provided to the Board by CHH was false and misleading in respect of the financial arrangement between CHH and its engineers Active Earth Engineering Ltd., and that the Board should reconsider its decision in light of new evidence on that subject. The Court also found that CHH filed misleading evidence before the Court in the judicial review. See paragraph 179 below:
In addition, the Court held that the Board did not fairly apply its rules of expert evidence resulting in a hearing that was procedurally unfair to the SRA. The Court has directed the Board reconsider the expert evidence tendered at the Board's hearing in light of the Court's findings in that regard. See paragraph 110 below:
Justice Sewell's full ruling can be read here.https://soniafurstenau.ca/2017/01/24/bc-supreme-court-judicial-review/
"This is a huge win for the community", said SRA President Calvin Cook. "We commenced this judicial review process with the conviction that the Board process had not been a fair one and when the evidence of the ownership interest of the engineers surfaced, we said that the Board had been misled. Today, the Court agreed."
Mr. Cook stated further, "The case is not over, but this is a huge step forward for the community and we will continue to oppose this project every step of the way as we firmly maintain this project is inappropriate and dangerous for our community and its drinking water."
The Shawnigan Residents Association is not a publicly funded agency. Our non-profit organization depends on contributions from the community to continue the fight to #SaveShawniganWater. Please consider making an online contribution to our Legal Action Fund, or sending a cheque to:
The Shawnigan Residents Association
PO Box 443,
Shawnigan Lake, BC,
Thank you for your continued support!