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May 13, 2106BC Court of Appeal Dismisses CVRD’s Application to Discharge or Vary Stay Order
Duncan, BC – The BC Court of Appeal dismissed the Cowichan Valley Regional District’s (CVRD) application to discharge or vary the order of Madam Justice Kirkpatrick, allowing the operators of a contaminated soil landfill facility in Shawingan Lake to continue their operations to complete certain contracts until the BC Court of Appeal hearing in August.
On March 21, the BC Supreme Court declared the contaminated soil landfill facility located at 640 Stebbings Road in Shawnigan Lake to be a non-permitted use on the property under the CVRD’s zoning bylaw. The court also ordered an injunction to cease importing onto the property any waste material including contaminated soil that is required to be permanently encapsulated in engineered cells.
South Island Aggregates, Cobble Hill Holdings and South Island Resource Management (CHH/SIA/SIRM) filed appeals of the BC Supreme Court decision in the BC Court of Appeal and also applied for a stay of certain BC Supreme Court orders to cease importing and landfilling waste material at the facility. The BC Court of Appeal granted a limited stay of the orders which allowed SIA/CHH/SIRM to continue operations to honor existing contracts committed to as of March 21 until the BC Court of Appeal hearing of the matter the week of August 15. The limited stay was granted on the condition that CHH/SIA/SIRM files an undertaking that they will remove any waste material imported after March 21 to the property, unless otherwise ordered, if they are not successful on their appeals.
In April, the CVRD applied to the BC Court of Appeal to discharge or vary the stay order. The application was dismissed, following a hearing of the matter on May 9 in Vancouver.