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B.C. Court of Appeal decision clarifies scope of collateral attack doctrine: lawyer

Friday, June 08, 2018 @ 9:45 AM | By Ian Burns

The B.C. Court of Appeal has reinstated an energy company’s civil action for misfeasance against the province over its denial of a permit for a hydro project, saying a lower court judge erred when she determined the case was a collateral attack against provincial decision-makers.

The genesis of the case dates back to run-of-river hydropower project Greengen was proposing at Fries Creek, which is near Squamish, B.C., on the traditional territories of the Squamish First Nation. Greengen applied for a water licence and a Crown law...