Impossibility of Compliance Defence – Mount Polley’s attempt at avoiding contravention of its permit

18. October 2022 0
Administrative law – Decisions reviewed – Environmental Appeal Board – Penalties – Compliance with legislation – Judicial review – Evidence – Standard of review – Reasonableness – Environmental matters – Assessment – Permits and licences – Inspections – Natural resources – Mining – Water Mount Polley Mining Corp. v. British Columbia (Environmental Appeal Board), [2022] ...

The Minister of Environment appropriately focused on the state of the actual construction when deciding whether a ski resort project was “substantially started”

15. October 2019 0
In 2014, the Appellant, the Minister of Environment, decided a ski resort project was not substantially started. A chambers judge held this decision was unreasonable, and the Minister appealed to the BC Court of Appeal. The Court of Appeal allowed the appeal. Administrative law – Decisions reviewed – Minister of Environment – Assessment – Legislative compliance ...

The Court allowed an appeal of a company that had sought redress from the Workers’ Compensation Board and the Workers’ Compensation Appeals Tribunal after it had lost considerable money over the years after being assigned an incorrect classification under the Act. The WCB and WCAT had erred in concluding that they did not have the discretion to contemplate a calculation of the Appellant’s over-assessment to a date earlier than the year in which the correction was made.

24. January 2006 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Industry classification – Assessment – Statutory interpretation – Judicial review – Compliance with legislation – Standard of review – Correctness Thermo Dynamics Ltd. v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2005] N.S.J. No 475, Nova Scotia Court of Appeal, November 23, 2005, E.A. Roscoe, ...