A forestry company (“Irving”) was partly successful on appeal from a finding of the respondent, North Shore Forest Products Marketing Board (the “Board”), which had held that the various forest product marketing boards had the authority to regulate stumpage agreements

19. August 2014 0
Administrative law – Decisions of administrative tribunals – Marketing Boards – Natural resources – Forestry – Stumpage fees – Judicial review – Jurisdiction – Bias – Standard of review – Correctness – Reasonableness simpliciter J.D. Irving Ltd. v. North Shore Forest Products Marketing Board, [2014] N.B.J. No. 162, 2014 NBCA 42, New Brunswick Court of ...

In this case, the Supreme Court of Canada considered the distinction between arbitrators and courts with respect to awarding interest

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Jurisdiction – Natural resources – Forestry – Timber licences – Government – Expropriation – Interest – Compound vs. simple interest – Judicial review – Compliance with legislation – Interpretation British Columbia (Forests) v. Teal Cedar Products Ltd., [2013] S.C.J. No. 51, 2013 SCC 51, Supreme ...

The applicant successfully sought leave to appeal an order of a justice of the Supreme Court of British Columbia dismissing its appeal from an order of the Forest Appeals Commission

28. May 2013 0
Administrative law – Decisions of administrative tribunals – Forest Appeals Commission – Natural resources – Forestry – Stumpage fees – Judicial review – Appeals – Leave to appeal – Test – Compliance with legislation – Statutory interpretation British Columbia v. Canadian National Railway, [2013] B.C.J. No. 802, 2013 BCCA 185, British Columbia Court of Appeal, ...

The Petitioner company unsuccessfully brought a petition for judicial review in respect of the Respondents’ position of penalties regarding the Petitioner’s timber harvesting

26. October 2010 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Penalties – Natural resources – Forestry – Timber licences – Hearings – Right to hearing – Judicial review – Compliance with legislation – Powers under legislation – Natural justice 656632 British Columbia Ltd. v. British Columbia (Minister of Forests and Range), [2010] B.C.J. No. ...

The Appellant, Western Forest Products, successfully appealed a decision made by a chambers judge holding that in assessing stumpage to be paid to the province, it is not appropriate to rely on averages rather than actual amounts

22. September 2009 0
Administrative law – Decisions of administrative tribunals – Forest Appeals Commission – Natural resources – Forestry – Stumpage fees – Judicial review – Witnesses – Evidence – Admissibility – Standard of review – Reasonableness simpliciter British Columbia (Minister of Forests and Range) v. Forest Appeals Commission, [2009] B.C.J. No. 1616, 2009 BCCA 354, B.C. Court ...

Western Forest Products Inc. (“Western”) successfully appealed from a decision of the Sunshine Coast Regional District (“Sunshine”) acting as the Local Board of Health (“LBH”) whereby Western was required to stop certain forestry activities on the basis that LBH had reason to believe that the forestry activities resulted in a health hazard

27. November 2007 0
Administrative Law – Natural resources – Forestry – Timber licences – Environmental issues – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter Western Forest Products Inc. v. Sunshine Coast (Regional District), [2007] B.C.J. No. 2204, British Columbia Supreme Court, October 9, 2007, G.B. Butler J Western sought to ...