Moreau v. Hawkins
The court dismissed a stay application, holding the petition over Easement K should proceed despite a parallel Ministry water licence process.
- Easement
- Water licence
- Stay of proceedings
- Abuse of process
- Jurisdiction
- Easements
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Greengen Holdings Ltd. v. British Columbia (Ministry of Forests, Lands and Natural Resource Operations)
The court held the Province liable for misfeasance in public office over Greengen’s Fries Creek permit denials and awarded damages.
- Misfeasance in public office
- Duty to consult
- Land tenure
- Water licence
- Delegation and fettering of discretion
- Limitation period
Dhaliwal v. HB Land Company Ltd.
The court held the plaintiffs could expropriate an easement under s. 32 of the Water Sustainability Act to support licensed water diversion across the defendant’s land.
- Easement
- Water licence
- Expropriation under wsa s.32
- Summary trial suitability
- Compensation and costs
- Water-licence
Harrison Hydro Project Inc. v. Environmental Appeal Board
The court held the EAB reasonably found Harrison Hydro, as general partner, was the proper licensee for five water licences and dismissed judicial review.
- Licensee determination
- Water licence
- Ownership
- Agency
- Limited partnership
- Standard of review
Thomas v. Rio Tinto Alcan Inc.
The court dismissed Alcan’s summary judgment application but struck the plaintiffs’ Notice, holding the pleaded Aboriginal and riparian claims disclosed no reasonable claim.
- Statutory authorization defence
- Summary judgment
- Striking pleadings
- Private nuisance
- Public nuisance
- Riparian rights
Nahanni Butte Dene Band v. Canadian Zinc Corporation
The Federal Court allowed judicial review, held the Board exceeded its jurisdiction by barring use of the tailings pond, and directed re-issue of the licence with amended wording.
- Water licence
- Environmental assessment
- Judicial review
- Jurisdiction of administrative tribunal
- Implementation of mitigative measures
- Costs
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