The Supreme Court of Canada has dismissed the Cowichan Valley Regional districtB次元官网网址檚 application to against the controversial contaminated soil landfill above Shawnigan Lake.

The regional district had asked that the Supreme Court review the decision made by the BC Court of Appeal on Nov. 3, 2016, that allowed the landfill, owned by Cobble Hill Holdings, to continue operations at the time.

That decision reversed a ruling made by the BC Supreme Court on March 21 that found that the landfill is not a permitted use of the property under the CVRDB次元官网网址檚 zoning bylaws.

The CVRD argued that the BC Court of Appeal erred in setting aside B次元官网网址渒ey factual findingsB次元官网网址� of the case, and that the court incorrectly determined that provincial mining decisions take exclusive precedence over the regional districtB次元官网网址檚 land-use bylaws.

The regional district also argued that the court erred in finding that the CVRDB次元官网网址檚 authority to regulate soil-deposit facilities restricts the districtB次元官网网址檚 ability to regulate land use.

The landfillB次元官网网址檚 permit to operate was pulled by the Ministry of Environment , but the CVRD is determined to continue with the litigation to protect its ability to control land use through its zoning bylaws.