The Supreme Court of Canada has dismissed the Cowichan Valley Regional district’s application to appeal its case against the controversial contaminated soil landfill above Shawnigan Lake. (Citizen file)

Supreme Court of Canada dismisses soil case

Regional district wanted its jurisdiction clarified in contaminated landfill above Shawnigan Lake.

  • Jun. 15, 2017 7:10 a.m.

The Supreme Court of Canada has dismissed the Cowichan Valley Regional district’s application to appeal its case against the controversial contaminated soil landfill above Shawnigan Lake.

The regional district had asked that the Supreme Court review the decision made by the BC Court of Appeal on Nov. 3, 2016, that allowed the landfill, owned by Cobble Hill Holdings, to continue operations at the time.

That decision reversed a ruling made by the BC Supreme Court on March 21 that found that the landfill is not a permitted use of the property under the CVRD’s zoning bylaws.

The CVRD argued that the BC Court of Appeal erred in setting aside “key factual findings” of the case, and that the court incorrectly determined that provincial mining decisions take exclusive precedence over the regional district’s land-use bylaws.

The regional district also argued that the court erred in finding that the CVRD’s authority to regulate soil-deposit facilities restricts the district’s ability to regulate land use.

The landfill’s permit to operate was pulled by the Ministry of Environment earlier this year, but the CVRD is determined to continue with the litigation to protect its ability to control land use through its zoning bylaws.

Just Posted

B.C. turns up the heat

Environment Canada has issued a special weather statement for most the province due to high temperatures

RDN to create conceptual designs for fire halls

Committee endorses standardization design of buildings

Oceanside RCMP asking for help in finding teen

Isaiah Taylor may be in Qualicum Beach, Tofino or Victoria

Coast Guard searching waters off Tofino for three missing men

Search crews are concentrating their efforts in a 41km area near Tofino

Washington State man facing murder charges in 1987 killing of Victoria couple

Two counts of aggravated first-degree murder filed against William Talbott II in Snohomish

VIDEO: Seaside Cruizers Show and Shine in Parksville Qualicum Beach

Hot rods, American muscle and more featured June 15-17

Search for capsized fishers near Tofino enters fourth day

“There’s a lot of shock in the community in terms of how we could end up at this place.”

B.C. announces $75M to help friends, family care for seniors at home

Funding will go towards respite care and adult day programs

Timely tide attracts another pod of orcas to Victoria

The pod left the harbour about 30 minutes later

Canada won’t ‘play politics’ on U.S. migrant children policy

The U.S. government is under fire over its ”zero tolerance” policy

Capitals coach resigns after Stanley Cup win

Barry Trotz announced his resignation on Monday

B.C. pledges $550 million for Indigenous housing

Aboriginal leaders say federal government needs to pitch in too

Sweden beats South Korea 1-0

Sweden gets benefit of video review in World Cup

Blue Jay Roberto Osuna not expected to appear in court

The Blue Jays pitcher is charged with one count of assault by Toronto police

Most Read