Cowichan Valley (Regional District) v. Cobble Hill Holdings Ltd.

摘要

1. This litigation focuses on the importation of contaminated soils to a quarry operation north of Victoria, British Columbia, activities which the quarry owner says are reclamation of the quarry.2. The petitioner, Cowichan Valley Regional District ("CVRD"), disagrees and says the respondents are operating a landfill, not reclaiming the quarry. It seeks a declaration that the use of the property is either a contaminated soil treatment facility or a landfill facility, and that neither is a permitted use according to CVRD zoning bylaws. The CVRD also seeks injunctive relief to restrain the respondents from such use of the property as well as orders requiring the respondents to remove contaminated soils and related structures from the property, located at 640 Steb-bings Road, in the Shawnigan Lake watershed. The property is zoned F-1 (Primary Forestry) according to Shawnigan Lake Zoning Bylaw No. 985 (the "zoning bylaw").