Call us at: 1 (250) 480-4040
  • Home
  • Our Firm
  • Criminal Law
    • Top Ten Mistakes
    • Assault FAQ
    • Criminal Appeals FAQ
    • Criminal Law FAQ
    • Driving While Prohibited FAQ
    • Drug Offences FAQ
    • Homicide
    • Impaired Driving FAQ
    • Sexual Assault
    • Spousal Assault
    • Theft & Fraud
    • Vehicle Impoundment FAQ
  • Computer Forensics
    • Computer Forensics Concepts
    • Computer Forensics Overview
    • Legal Issues
    • Our Forensics Training
    • Our Services
  • Legal News
  • Contact Us
  • Menu Menu

Cowichan Valley Unable to Stop Contaminated Soil Dump – BC Court of Appeal

November 5, 2016/in Legal News /by mtp_admin

imageVictoria Lawyer Michael Mulligan on CFAX 1070 – Legally Speaking – discussing the British Columbia Court of Appeal decision concluding that the Cowichan Valley Regional District does not have jurisdiction to stop contaminated soil from being used to fill in a rock quarry.

The Court of Appeal decision turned on the definition of a “mine” pursuant to the Mines Act and whether filling in the hole created by quarrying rock constituted mining. The court concluding that quarrying rock was mining and that remediation of a quarry was also part of mining. Accordingly Cobble Hill Holdings Ltd. was entitled to rely on permission granted by the provincial government to continue filing the rock quarry in with contaminated soil.

The site in question is part of the Shawingan Lake watershed.

In 2013 the provincial Ministry of the Environment granted permission for the company to bring contaminated soil to the site to fill in the quarry. The contaminated soil is put into synthetically-lined cells to “permanently encapsulate” it before it is covered with clay and clean soil.

In addition the company has constructed an 1,800 square meter asphalt-paved pad for the purpose of treating contamineted soil before depositing it on the site.

The Court of Appeal found that the Cowichan Valley Regional District does have jurisdiction to prevent the company from treating the contaminated soil on the site using the asphalt-paved pad pursuant to its authority to regulate land use pursuant to the Local Government Act.

Listen to the show here:

https://mtplaw.com/wp-content/uploads/2016/11/Mulligan-CFAX-Nov-3-Malahat-soil-and-accident.mp3

Michael Mulligan - album art v1.jpgMichael Mulligan is a Lawyer at Mulligan Tam Pearson in Victoria. Legally Speaking is live on CFAX 1070 Thursdays at 2:00.

 

Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share by Mail
https://mtplaw.com/wp-content/uploads/2020/04/mtplaw-logo.svg 0 0 mtp_admin https://mtplaw.com/wp-content/uploads/2020/04/mtplaw-logo.svg mtp_admin2016-11-05 15:02:482016-11-08 08:18:14Cowichan Valley Unable to Stop Contaminated Soil Dump – BC Court of Appeal

Contact Us

Robert A. Mulligan, K.C.
Michael T. Mulligan
Professional Experience

24 Hour Immediate Confidential Help

#105 – 777 Blanshard Street
Victoria, BC, Canada  V8W 2G9
P  250-480-4040
F  250-480-0004
TF 1-800-664-2785

Subscribe to the Legally Speaking podcast

Get in Touch

#105 – 777 Blanshard St.,
Victoria BC, V8W 2G9.

  • Ph 1 (250) 480-4040
  • Fx 1 (250) 480-0004
  • Tf 1 (800) 664-2785

Mulligan Defence Lawyers

  • Criminal Law
  • Computer Forensics

Our Lawyers

  • Robert A. Mulligan, K.C.
  • Michael T. Mulligan
  • Facebook

© Copyright 2020 Mulligan Defence Lawyers

Fentanyl crisis: Are harsher sentences the answer?How to immediately improve Victoria Safe Consumption Sites – Michael ...
Scroll to top