A homeowner (“Mortensen”) appealed the decision of the Interior Health Authority charging him with a violation of s. 42 of the Sanitary Regulations, B.C. Reg. 142/59 for drilling a water well in his front yard. The court dismissed the appeal, finding that the health inspector had no discretion under the regulations once it was determined the well was within 100 feet of a septic tank and field.
Administrative law – Environmental issues – Water wells location – Judicial review – Compliance with legislation – Discretion of delegated authority Mortensen v. Interior Health Authority, [2004] B.C.J. No. 2283, British Columbia Supreme Court, November 3, 2004, Bauman J. Mortensen lived on the shore of Okanagan Lake in a community called Fintry. Mortensen and others in ...