B.C. court overturns environmental board's ruling over 'apprehension of bias'

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.

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.