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ARTICLE · 01 MAY 2015

B.C. Court Allows Environmental Approvals Delay Claim To Proceed

Blake, Cassels & Graydon LLP
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Carhoun & Sons Enterprises Ltd. (Carhoun) applied for an authorization under section 35(2) of the Fisheries Act from Fisheries and Oceans Canada (DFO) to fill in ravines for a private commercial development.

CanadaEnvironment
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Tony Crossman
Tony Crossman
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In Carhoun & Sons Enterprises Ltd. v. Canada (Attorney General), the British Columbia Court of Appeal allowed a lawsuit to proceed against the federal government by a private developer for losses caused by delays in the environmental approvals process. While the suit may not ultimately succeed, the court confirmed that the government could be liable and that the review of applications for environmental approvals may entail a consideration of the proponent's (business) interests, especially in circumstances where the legislated goal includes the promotion of economic development.

BACKGROUND

Carhoun & Sons Enterprises Ltd. (Carhoun) applied for an authorization under section 35(2) of the Fisheries Act from Fisheries and Oceans Canada (DFO) to fill in ravines for a private commercial development. In considering the application, DFO was required to conduct an environmental assessment screening under the Canadian Environmental Assessment Act (CEAA). The DFO initially

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