The BC Supreme Court has once again held that on the Court must give decisions of the Environmental Appeal Board substantial deference on judicial review. In doing so, Justice MacKenzie rejected arguments aimed at narrowing the Court's understanding of the Board's expertise and applying the "general question" exception to the presumption of reasonableness. In upholding the Board's substantive decision Justice MacKenzie also confirmed the way in which the deferential standard of reasonableness ought to be applied by the reviewing court. Robin Gage was counsel for the Environmental Appeal Board in this judicial review hearing.
The Court's decision can be found here: Harrison Hydro Project Inc. v. Environmental Appeal Board, 2017 BCSC 320
