Supreme Court of Canada postpones soil decision

Supreme Court of Canada postpones soil decision

Supreme Court of Canada postpones decision on hearing case between the CVRD and landfill owners

The Cowichan Valley Regional District will have to wait awhile longer before it will know if the Supreme Court of Canada will hear its case against the controversial contaminated soil landfill above Shawnigan Lake.

The Supreme Court announced last week that it had scheduled a hearing for April 13 to determine if the CVRD’s case should be moved forward, but said in a statement this week that it would not render a decision on that day.

There was no reason given for the postponement, and no date for another hearing was scheduled.

The regional district is asking that the Supreme Court review the decision made by the BC Court of Appeal on Nov. 3 that allowed the landfill to continue operations at the time.

The CVRD is arguing that the BC Court of Appeal erred in setting aside “key factual findings” of the case, and that the court incorrectly determined that provincial mining decisions take exclusive precedence over the regional district’s land-use bylaws.