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

CVRD wants its jurisdiction clarified

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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Beloved Chemainus resident dies at 106

Dorothy Adair adored by the many people she met in the community in two short years

Sudden death leaves Lake Cowichan’s Shanahan family of five children without a father

GoFundMe campaign set up by wife Tiffany’s friend to help during crisis

From theatres to patios, Vancouver Island Symphony plays through the pandemic

A series of pop-up concerts are taking place in various locations from Saltair to Comox

Webinars provide emotional support, training for caregivers

Following the webinars, recordings of the sessions will be available to watch

Duncan model makes quarter finals in ‘Maxim’ magazine contest

Brandee Peart among top one per cent left in competition

Recent surge in COVID-19 cases not unexpected amid Phase Three of reopening: B.C.’s top doc

Keep circles small, wear masks and be aware of symptoms, Dr. Bonnie Henry says

B.C. NDP changing WorkSafeBC regulations to respond to COVID-19

Employers say reclassifying coronavirus could be ‘ruinous’

Baby raccoon rescued from 10-foot deep drainage pipe on Vancouver Island

‘Its cries were loud, pitiful and heartbreaking,’ Saanich animal control officer says

Statistical flaws led to B.C. wolf cull which didn’t save endangered caribou as estimated

Study finds statistical flaws in an influential 2019 report supporting a wolf cull

Windows broken, racist graffiti left on Okanagan home

Family says nothing like this has happened since they moved to Summerland in 1980s

Man arrested for allegedly pushing unsuspecting seniors, jumping on cars at Parksville mall

Cops arrest man after ‘aggressive incident’ at Wembley Mall in Parksville

B.C. man who went by ‘Doctor Ray Gaglardi’ charged with sex assault of teenage boys

The man, 75, is accused of assaulting teenage boys he met through Coquitlam-area churches

B.C.’s potential deficit $12.5 billion as spending spikes, taxes drop

Finance Minister Carole James gives COVID-19 outlook

Most Read