On March 21, 2016, the BC Supreme Court ruling declared a contaminated soil treatment facility and a landfill facility operated by South Island Resource Management Ltd (SIRM) are not permitted uses on the property located at 640 Stebbings Road, Shawnigan Lake. The court ordered the owners and operators to cease importing waste material, including contaminated soil that is required to be permanently encapsulated in engineered cells on the property.
On March 24, 2016, Cobble Hill Holdings/South Island Aggregates (CHH/SIA) and SIRM filed appeals with the BC Court of Appeal of the order of Mr. Justice Mackenzie along with an application to stay certain orders of the court to permit it to continue the use of the property as a landfill facility pending the hearing and determination of their appeals.
The stay application was heard in Vancouver on April 6, 2016. On April 15, 2016, Madam Justice Kirkpatrick of the BC Court of Appeal granted a limited stay of certain orders of Mr. Justice Mackenzie regarding the contaminated soil treatment and landfill facility at 640 Stebbings Road, Shawnigan Lake. This will allow the operator to continue landfilling contaminated soil on the site.
For two days during the week of August 15, 2016 the appeals by CHH/SIA will be heard by the BC Court of Appeal.