B.C. Environmental Appeal Board Refuses Expert Opinion From Consultant Who Acted As Agent

The British Columbia Environment Appeal Board (Board) recently ruled that a consultant who had acted as agent for one of the parties to an environmental appeal could not testify as an expert witness on behalf of that party. Parties seeking assistance from their technical experts in applications for regulatory permits or subsequent appeals should exercise caution before having them assist in a manner that makes them appear as an advocate, as it may limit their ability to rely on the consultant's professional independence.

Jack and Linda Chisholm v. Assistant Water Manager was an appeal to the Board regarding a water licence amendment. The appellants had retained an independent consultant to assist with water licensing issues, including investigating the history of the water licences on their property and communicating with the respondent water manager regarding the application to amend the licence. When the water manager refused the application, the consultant acted