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April 27, 2016CVRD Seeks to Vary the Order of BC Court of Appeal Granting a Limited Stay to Permit South Island Resource Management to Complete Contracts for the Landfilling of Contaminated Soil in Shawnigan Lake
Duncan, BC – On April 27, 2016 the Cowichan Valley Regional District (CVRD) applied to the BC Court of Appeal to vary the April 15, 2016 ruling of Madam Justice Kirkpatrick. This ruling granted a limited stay of certain orders of Mr. Justice Mackenzie regarding the contaminated soil treatment and landfill facility at 640 Stebbings Road, Shawnigan Lake, allowing the operator to continue landfilling contaminated soil on the site.
The reasons for the April 27 application to vary the ruling are as follows:- The stay results in a serious injustice as it fails to protect the CVRD’s success and the public interest in the zoning bylaw being obeyed;- If the stay remains in force, the CVRD seeks the order be varied to require the appellants to post security in the amount of $12 million for the cost to remove any waste material brought to the property as a result of the stay; and- As a condition of the above variance, in addition to the three appellant companies, the order be varied to require Allterra and the directors of the three appellant companies to provide an undertaking to remove any waste materials brought to the property as a result of the stay and pay any damages or costs to the CVRD arising from their failure to do so, unless otherwise ordered.
The application to vary the order will be heard on May 9 by the BC Court of Appeal.