The appellant, Pope & Talbot, was granted cutting rights to land in the Arrow Boundary Forest District. Logging was carried out by a subcontractor, who in turn retained a falling subcontractor to cut the trees. The falling subcontractor mistakenly clear cut an area in contravention of the Forest Practices Code of British Columbia, R.S.B.C. 1996 (“the Code”). The District Manager found that the appellant, the contractor, and the falling subcontractor contravened the Code and imposed a penalty. The Court upheld that decision.

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Forest Appeals Commission – Penalties – Forest practices – Due diligence – test – Contracts – Subcontractors – Judicial review – Compliance with legislation – Standard of review – Correctness Pope & Talbot Ltd. v. British Columbia, [2009] B.C.J. No. 2492, 2009 BCSC 1715, British Columbia Supreme ...

A helicopter pilot (“Veideman”) was unsuccessful in his application for judicial review of the decision of the Appeal Panel of the Civil Aviation Tribunal (the “Tribunal”) where the court found that the Tribunal had not erred in concluding that Veideman had not exercised due diligence to prevent the contravention of a regulation by unlawfully operating an aircraft at a distance of less than 500 feet from a person

Administrative law – Pilots – Disciplinary proceedings – Due diligence – Evidence – Judicial review application – Administrative decisions – Standard of review – Reasonableness simpliciter Veideman v. Canada (Minister of Transport), [2003] F.C.J. No. 751, Federal Court of Canada – Trial Division, May 12, 2003, Snider J. Veideman was a helicopter pilot transporting skiers in ...