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.
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 ...