The B.C. Supreme Court ruled that officials committed misfeasance — wrongful exercise of authority — in rejecting the multi-million dollar project without having any apparent grounds or authority to do so
B.C. taxpayers are on the hook for $10 million in damages after a court ruled that bureaucrats who rejected an independent power proposal years ago mishandled the file.The provincial government rarely loses cases like these and the $10.1 million in damages — while less than what the plaintiff asked for — is considered significant.
Justice Kevin Loo essentially agreed. He found that cabinet ministers and senior officials were involved, but the statutory authority to make the calls on the permits rested with two specific bureaucrats. There was evidence the Squamish Nation was initially interested in the project, but over time it strongly opposed it, saying the creek was spiritually significant to their people.
Beddoes said the plaintiff filed a freedom of information request early on and got back thousands of documents, but they had been “vastly redacted.” Justice Loo said the “entire decision-making process was tainted by the November call … The decisions … were unlawful.”
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