VANCOUVER BC – The Supreme Court of British Columbia (SCBC) today ruled in favour of Glacier Resorts’ petition that the Province of British Columbia’s October 12, 2014 decision that construction of the Jumbo Glacier Resort project was not “substantially started” be remitted.
The decision by then Minister of the Environment Mary Pollack caused the project’s Environmental Certificate to expire. The judgment found that the then Minister’s decision was unreasonable, and that relevant evidence was not considered. Justice Forth has therefore remitted the decision to the current Minister with specific instructions to consider the interpretation of the legislative scheme, the mitigating/limiting factors and legal analysis made in the judgment.
Justice Forth reiterated a 2005 statement by Justice Melnick that “there have been extensive delays in the regulatory process and hurdles that Glacier has been subjected to” and she said that “thirteen years later, Glacier now faces the requirement for a further consideration under s. 18(5), which hopefully will be expeditiously carried out.”
Glacier Resorts will ask the Province to carry out the judge’s instructions expeditiously, as noted. The ruling can be downloaded here.