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Administrative law 2022 BCSC 734

Pal Lumber Co. (2007) Ltd. v. British Columbia (Forests, Lands, Natural Resource Operations and Rural Development)

La Cour a rejeté la demande de contrôle judiciaire et confirmé comme raisonnables le refus de transférer et de prolonger un permis forestier de catégorie 2.

  • Transfer of timber sale licence
  • Extension of timber sale licence
  • Category 2 registration and processing requirement
  • Forfeiture of deposit
  • Reasonableness standard of review
  • Applicability of covid-19 ministerial orders
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Administrative law 2022 BCSC 750

Petrell v. British Columbia (Forests, Lands, Natural Resource Operations and Rural Development)

The court struck a judicial review petition challenging security gate authorizations on forestry roads, finding the Forest Practices Board complaint process an adequate alternative remedy.

  • Judicial review
  • Rule 9-5 striking pleadings
  • Alternative remedies/exhaustion
  • Forest and range practices act s.22.2
  • Forest practices board jurisdiction and remedial capacity
  • Standing
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Civil procedure 2016 BCSC 734

A.J.B. Investments Ltd. v. Elphinstone Logging Focus

The court granted AJB an interlocutory injunction against a logging blockade, finding irreparable harm and that the balance of convenience favored access to the land.

  • Interlocutory injunction
  • Trespass
  • Nuisance
  • Enforcement orders
  • Public protest
  • Private managed forest land
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Administrative law 2012 BCSC 1546

British Columbia v. Louisiana-Pacific Canada Ltd.

The court dismissed British Columbia’s statutory appeal, holding the Forest Appeals Commission’s interpretation of “escape” and s. 22(4) of the Wildfire Regulations was reasonable.

  • Wildfire regulations
  • Standard of review (reasonableness)
  • Interpretation of statutory terms 'escape' and 'out of control'
  • Regulatory compliance and penalties
  • Due diligence defence (remitted if necessary)
  • Administrative-law
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Criminal law 2011 BCSC 903

Lemare Lake Logging Limited v. British Columbia (Forests and Range)

The court quashed telewarrants issued to a non-peace officer, dismissed the appeal on return of copies, and ordered return of seized items and copies within 14 days.

  • Search warrants
  • Telewarrants (s.487.1 criminal code)
  • Return of seized property
  • Charter s.8 unreasonable search
  • Section 490 criminal code procedure
  • Administrative enforcement under the forest act
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Administrative law 2010 BCSC 445

Stevens v. Capital Regional District

The court dismissed a petition seeking a building permit for a mobile home on managed forest land, holding the existing F-1 zoning bylaw prevailed over repealed provincial authorization.

  • Building permit
  • Private managed forest land
  • Managed forest designation
  • Zoning (f1 vs f2)
  • Doctrine of paramountcy
  • Provincial vs local authority
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Administrative law 2009 BCCA 527

Hegel v. British Columbia (Ministry of Forests)

Leave to appeal was dismissed because the proposed grounds challenged factual and mixed fact-and-law findings about a timber boundary and statutory defences, not pure questions of law.

  • Appealability of mixed fact and law
  • Defences under forest and range practices act (due diligence, mistake of fact)
  • Boundary determination and hierarchy of survey evidence
  • Standard of review (reasonableness)
  • Leave to appeal criteria
  • Leave-to-appeal
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Arbitration 2003 BCSC 1038

Carrier Lumber Ltd. v. Joe Martin & Sons Ltd

The court held arbitrators under the Timber Harvesting Contract and SubContract Regulation lack jurisdiction to award punitive damages and cannot add abuse-of-process claims to s. 25 rate disputes.

  • Jurisdiction of arbitrators
  • Punitive damages
  • Abuse of process
  • Statutory interpretation
  • Commercial arbitration act
  • Timber harvesting contract and subcontract regulation (s.5, s.25)
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Aboriginal law 2003 BCSC 735

William v. British Columbia

Motion for particulars in an Aboriginal title and rights case. Most demands were dismissed as seeking evidence, but particulars were ordered on first contact and Regulation 92/97.

  • Particulars
  • Aboriginal title
  • Aboriginal rights
  • Fiduciary duty
  • Forest licences
  • Justification
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Commercial arbitration 2003 BCSC 185

Carrier Lumber Ltd. v. Joe Martin & Sons Ltd.

Appeal from a logging rate arbitration was allowed in part. The court found errors in interpreting “competitive by industry standards” and amended the base rate.

  • Rate disputes
  • Replaceable logging contracts
  • Regulatory interpretation
  • Standard of review
  • Findings of fact without evidence
  • Commercial-arbitration
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.