B.C. court overturns environmental board's ruling over 'apprehension of bias'
![GFL Environmental Inc. Truck A GFL Environmental Inc. truck is seen in this photo from the company's website. (gflenv.com)](/content/dam/ctvnews/en/images/2024/6/22/gfl-environmental-inc--truck-1-6937597-1719100548796.jpg)
A B.C. Supreme Court judge has overturned a ruling by the province's Environmental Appeal Board after finding that the conduct of the panel's chair and one of its members led to a "reasonable apprehension of bias" in its decision.
In a ruling issued Wednesday and published online, Justice Wendy A. Baker found that the panel's conduct "was not even handed" when weighing the evidence in a hearing about an air emissions permit issued to the operator of a composting facility in Delta, B.C.
Metro Vancouver, through its district director, issued the permit to GFL Environmental in May 2019. The permit contained terms that GFL found "too onerous," so the company appealed to the EAB.
After a 44-day hearing that was delayed, in part, by the COVID-19 pandemic, the EAB panel ruled in GFL's favour, modifying the permit's terms.
Metro Vancouver petitioned the B.C. Supreme Court for a judicial review of that decision, arguing the conduct of the panel throughout the hearing process had given rise to a reasonable apprehension of bias.
Delta residents living near the 29-acre compost facility also participated in both the EAB hearing process – arguing that the original permit was too lenient – and the judicial review process, agreeing with the district director that the EAB panel had been biased.
GFL and the EAB opposed the regional district's judicial review petition on a variety of procedural grounds, but Baker ultimately agreed with Metro Vancouver.
The judge's decision includes numerous lengthy excerpts from transcripts of the EAB hearing, which Baker uses to illustrate her conclusion that a reasonable observer would believe that the panel would not decide the appeal fairly.
"The chair intervened in questioning, reframed questions in ways to advance GFL’s position, engaged in extensive cross examination of the witnesses for the district director including challenging their credibility, and restricted the district director in calling the evidence he deemed necessary to explain the basis for the permit under review," the decision reads.
"The chair interfered with the questioning of the resident appellants to an extreme extent, intimidating, over-speaking, and at times appearing to give evidence for the witnesses in response to the questions posed by the resident appellants."
Baker's decision also notes that her copious quotations from transcripts are not the totality of the evidence that led her to conclude that the EAB panel was biased. The parties involved in the litigation submitted hundreds of paragraphs of information in support of their position, and referenced hundreds of past cases and other legal authorities, according to the judge.
"The conduct of the panel, and in particular the chair, which gives rise to an apprehension of bias, arose throughout the hearing," the decision reads. "It was systemic, and not limited to one or two problematic rulings, or a handful of problematic lines of questioning."
Having reached her conclusion, Baker issued an order quashing the EAB's decision. In theory, this would restore the terms of the original permit that Metro Vancouver issued to GFL.
In practice, however, the original permit was scheduled to expire on Sept. 30, 2023.
Metro Vancouver told the court it would take 120 days to issue a new approval to GFL if the EAB decision was quashed, but GFL said this timeline was overly optimistic, and submitted it would more likely take nine months to a year.
Baker agreed with GFL that the regional district's proposed timeline was too short, but opted not to leave a full year before her order took effect. Instead, she decided that the order quashing the EAB decision for apprehension of bias should take effect after six months.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.7025687.1725491670!/httpImage/image.png_gen/derivatives/landscape_800/image.png)
'Not right and not fair': Ontario homeowner overcharged on gas bill for the last 7 years
An Ontario homeowner was concerned her natural gas bill was too high, and when she compared her bill with her neighbour's, she realized she has been getting overcharged for the last seven years.
Ugandan Olympic athlete dies after being severely burned by her partner over a land dispute
Ugandan Olympic athlete Rebecca Cheptegei has died at a Kenyan hospital where she was being treated after 80 per cent of her body was burned in an attack by her partner. She was 33.
John Vennavally-Rao on his double cancer diagnosis — and reason for hope
Twenty-seven year CTV News reporter and anchor John Vennavally-Rao shares the story of his health-care battle for the first time as medical advances give him reason for hope and optimism.
2 Canadians face 36 charges following months-long human trafficking investigation
A Brampton resident is one of the two people facing dozens of human trafficking charges following a 10-month-long investigation that started in eastern Ontario.
A French woman whose husband is accused of inviting men to rape her testifies in court
A woman who was allegedly drugged by her now ex-husband so that she could be raped while unconscious by other men testified Thursday that her world collapsed when police uncovered the years of alleged abuse.
The Liberal-NDP deal is dead. What did it accomplish?
NDP Leader Jagmeet Singh revealed Wednesday that he's 'ripped up' the supply and confidence agreement with the Liberals. Here's a look at everything the deal accomplished — and what's been left unfinished.
opinion Who Prince Harry confides in, including a prominent Canadian, as the Royal Family rift continues
Since the Duke and Duchess of Sussex made the decision in 2020 to step back as working royals, Prince Harry has been navigating a new chapter in his life -- his journey taking him from the confines of Buckingham Palace to the sunny shores of California. Royal commentator Afua Hagan looks at the impact the move has had on his relationships, both personal and public.
Parents prefer affordable daycare over individual financial assistance: report
Canadian parents would have a strong preference for affordable, $10-a-day licensed child care over individual payments delivered to them from the government, according to a new report.
South Korea says North Korea has again launched suspected trash-carrying balloons across the border
North Korea is flying more trash-carrying balloons toward South Korea, officials said Thursday, in the latest round of Cold War-style psychological warfare between the rivals.