The Honourable Mr. Justice Shabbits of the Supreme Court of British Columbia dismissed the Westcoast Landfill Diversion Corp. legal action against the CVRD on January 30, 2009. In his Reasons for Judgment, Justice Shabbits concluded that the actions taken by the CVRD were based upon legitimate community and environmental concerns and that the CVRD acted in the public interest and to ensure the public good.
Westcoast Landfill Diversion Corp. filed a Notice of Appeal in the Action on February 26, 2009.
The CVRD is pleased to announce that Westcoast has now abandoned its Appeal and the CVRD will be receiving $100,000 that Westcoast was required to post as security for costs during the trial.
“It is finally over” said CVRD Board Chair Gerry Giles. “This has been an extremely long process and it is with great pleasure that I can advise that the legal action is now fully concluded. I wish to thank the staff and members of the public whose actions were recognized by Justice Shabbits as being both fully appropriate and representing the interests of the community”. Chair Giles added, “Our legal counsel at Blake, Cassels & Graydon LLP did an excellent job protecting the interests of the people of the CVRD.”
The entire text of Justice Shabbits’ January 30, 2009 decision can be found online at the following address:
Gerry Giles, CVRD Chair, 250-701-1756