Decision Date: December 6, 1994

Court: S.C.B.C., MacKinnon, J.

Cite: Victoria Registry No. 94 3790

The petition asked the court to find the respondent guilty of civil contempt in disobeying a Board order directing the respondent to cease depositing fill on its land.  The respondent informed the petitioner that it would not obey the Board’s ruling but there was no evidence that fill has been actually deposited on the lands since the order.

The respondent informed the petitioner it did not intend to obey the ruling to discontinue depositing fill on its land.  The judge was not satisfied the petitioner proved, to his satisfaction described.

In any event the judge did not find it appropriate to grant the remedy requested.