In a unanimous decision, the BC Court of Appeal has confirmed the jurisdiction of the Province and the Environmental Appeal Board in matters relating to the regulation of water rights in BC. In addition, the Court, after noting that the Board's expertise entitled it to substantial deference from the courts, upheld the Board's underlying decision related to the return of a stream's course to its original state, and found the Board's process to be fair and reasonable.
Robin J. Gage, represented the Environmental Appeal Board in both the Court of Appeal and the BC Supreme Court.
The decisions can be found here:
Lindelauf v. BC, 2018 BCCA 183
Lindelauf v. BC, 2017 BCSC 1479
