Turnagain Holdings Ltd. v. Environmental Appeal Board (B.C.) et al., 2002 BCCA 564

• Judge: Huddart, Hall and Mackenzie, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: October 10, 2002
• Jurisdiction: British Columbia
• Citations: 2002 BCCA 564;(2002), 178 B.C.A.C. 35 (CA)

Turnagain Holdings v. Env. Appeal Bd. (2002), 178 B.C.A.C. 35 (CA);

    292 W.A.C. 35

MLB headnote and full text

Temp. Cite: [2002] B.C.A.C. TBEd. OC.036

Turnagain Holdings Ltd. (petitioner/appellant) v. Environmental Appeal Board, W.T. Munro, Deputy Director of Wildlife, Ministry of the Environment, Lands and Parks of the Province of British Columbia and Byron Dalziel (respondents)

(CA028931; 2002 BCCA 564)

Indexed As: Turnagain Holdings Ltd. v. Environmental Appeal Board (B.C.) et al.

British Columbia Court of Appeal

Huddart, Hall and Mackenzie, JJ.A.

October 10, 2002.

Summary:

In 1986 the corporate petitioner purchased a guide area represented by a certificate by way of a trust agreement from a predecessor of Dalziel who held the certificate for its benefit. The certificate was transferred to Dalziel in 1988. In 1992 the Conservation Officer Service determined that Dalziel was not complying with the Wildlife Act. Fol­lowing a hearing, the Deputy Director of Wildlife ruled that Dalziel did breach the Act. He refused to grant the corporate peti­tioner party status at the hearing, but allowed its solicitor to testify. Dalziel's licence was suspended and his certificate cancelled. Dalziel appealed to the Environmental Appeal Board under s. 103(3) of the Act.

The Environmental Appeal Board dis­missed the appeal in 1993. In late October 2000 the corporate petitioner sought to quash the Board's decision and remit the complaint about Dalziel's conduct to the Deputy Direc­tor for a new hearing.

The British Columbia Supreme Court, in a decision reported at [2001] B.C.T.C. 795, dismissed the petition. The corporate peti­tioner appealed.

The British Columbia Court of Appeal dismissed the appeal.

Administrative Law - Topic 3306

Judicial review - General - Bars - Delay - The petitioner delayed seven years before applying under the Judicial Review Procedure Act to set aside a decision of the Environmental Appeal Board - The petitioner's reasons for the delay were lack of resources to seek legal advice and health problems - The Supreme Court dismissed the petition, notwithstanding a finding that the duty of fairness was breached by the failure to afford an affected party intervenor status, because the respondents would be prejudiced if a new hearing was ordered - The British Columbia Court of Appeal affirmed the dismissal, holding that the trial judge properly denied judicial review because of the failure to seek it promptly.

Cases Noticed:

Harelkin v. University of Regina, [1979] 2 S.C.R. 561; 26 N.R. 364, refd to. [para. 17].

Noble et al. v. British Columbia (Minister of Forests) et al. (1995), 13 B.C.L.R.(3d) 59 (S.C.), affd. (1996), 18 B.C.L.R.(3d) 194 (C.A.), leave to appeal denied (1996), 206 N.R. 79; 85 B.C.A.C. 239; 138 W.A.C. 239; 24 B.C.L.R.(3d) xxxvi (S.C.C.), refd to. [para. 17].

Klahoose First Nation v. British Colum­bia - see Noble et al. v. British Columbia (Minister of Forests) et al.

Carpenter v. Vancouver Police Board (1986), 9 B.C.L.R.(2d) 99 (C.A.), refd to. [para. 18].

MacLean v. University of British Columbia (1993), 38 B.C.A.C. 291; 62 W.A.C. 291; 109 D.L.R.(4th) 569 (C.A.), refd to. [para. 19].

O'Reilly v. Mackman; Millbanks v. Secretary of State for the Home Depart­ment, [1983] 2 A.C. 237 (H.L.), refd to. [para. 27].

Counsel:

T.L. Robertson, Q.C., for the petition­er/appellant, Turnagain Holdings Ltd.;

N.E. Brown, for the respondents, W.T. Munro, Deputy Director of Wildlife and Ministry of Environment, Land and Parks of British Columbia.

This appeal was heard before Huddart, Hall and Mackenzie, JJ.A., of the British Columbia Court of Appeal, at Vancouver, British Columbia, on October 10, 2002, when the following decision was delivered orally for the court by Huddart, J.A.