ROBERT BARRON CITIZEN
Trucks are allowed to resume transporting materials to the controversial soil dump on Shawnigan Lake the BC Court of Appeal ruled on Friday.
Justice Kirkpatrick temporarily stayed injunctions that prevented the further importation of soil that were imposed on Cobble Hill Holdings and South Island Aggregates, the project’s owners, by the BC Supreme Court last month.
Kirkpatrick also ruled that the companies must post $25,000 “in respect” of the Cowichan Valley Regional District’s costs of the proceedings in the BC Supreme Court and its costs of the appeal.
The CVRD initiated the court case, arguing that a contaminated soil treatment facility and a landfill facility are not permitted uses on the property, located on Stebbings Road.
The injunctions will be stayed until mid-August when the owner’s appeal of the court’s ruling will be heard.
“The Shawnigan community is disappointed with the judge’s decision to allow more soil to be imported to this site while there is so much uncertainty,” said Sonia Furstenau, the Cowichan Valley Regional District’s director for Shawnigan Lake. “This puts us right back feeling that all the evidence and issues raised about this project are being overlooked. The CVRD stands by the court’s decision of the original point; that the soil dump is not a permitted use of that land under our bylaws.”
In her decision to lift the injunction, Kirkpatrick noted that South Island Resource Management, which operates the site on behalf of the owners, estimated the project would be up to $8.2 million in default of its contractual obligations if it’s not allowed to import soil before the appeal is heard.
In a news release, SIRM officials said they will follow the conditions set down by Kirkpatrick.
“We continue to legally operate the mine, manage the material already on site and remain in compliance with all the government-issued permits,” the company said in the release.
A judicial review of the project that was instigated by the Shawnigan Residents Association has also recently concluded in the BC Supreme Court, but it’s unknown when a verdict will be reached in that case.
BC Supreme Court Justice Robert Sewell has made a commitment to the SRA to make a decision “as soon as possible” on the association’s application to have work on the site stopped until the court makes a final decision on the judicial review and the future of the project.
Calvin Cook, president of the SRA, said he is disappointed and concerned about Kirkpatrick’s decision to allow the importation of soil to continue until the appeal is heard.
“The courts don’t operate in a vacuum, so it might have some negative bearing on our application to stop work at the site until a final decision is made,” he said.