This map of OK Industries’ plans for a quarry was taken from the 2015 report for the rezoning application. (Photo courtesy District of Highlands)

This map of OK Industries’ plans for a quarry was taken from the 2015 report for the rezoning application. (Photo courtesy District of Highlands)

BC Supreme Court tosses out application to stop work on Highlands quarry

Highlands District Community Association will not suffer irreparable harm if work begins, says judge

Work can begin on a Highlands rock quarry mine after the BC Supreme Court denied an application from the Highlands District Community Association (HDCA) attempting to stop work from starting before an upcoming judicial review slated for next month.

HDCA applied for a temporary injunction on Aug. 31 after learning OK Industries (OKI) was planning to start clearing trees and building an access road on the 65-acre plot of land, preparing the property to be mined. HDCA has been against the mine since it was first purposed in 2016, mounting an online social media campaign and garnering thousands of signatures for a community petition.

RELATED: OK Industries asks to engage with Highlands community over contentious quarry project

OKI was issued a quarry permit last March. A month later HDCA filed a petition seeking a judicial review into the issuance of the quarry permit.

OKI plans to start the first phase of its quarry operation under the permit in May 2021, but prior to starting actual quarry operations an access and haul road will need to be built, which includes clearing trees and stump grinding, along with removing soil, sand and gravel found above the bedrock.

RELATED: UPDATED: Province permits proposed gravel quarry in Highlands

The permit lays out a number of conditions as to how OKI can conduct business. One of the conditions is that vegetation clearing must occur outside nesting periods from March 1 to Aug. 31 and all grubbing, grinding and stripping must be completed between October and February.

According to a judgment posted online on Friday, Sept. 18, OKI needs to begin work soon otherwise it will not be able to start the first phase of the quarry operation at the anticipated time.

OKI plans to crush the rocks from the quarry into aggregate, used to make asphalt mix.

Justice Gordon Funt said he saw “little, if any, irreparable harm” to the HDCA prior to the start of the actual quarrying, adding that it “does not appear to have a strong case.”

“OKI will suffer irreparable harm if the site preparation activities cannot be undertaken prior to the planned May 2021 start of Phase 1 quarrying. In all of the circumstances of the case, it is not just and equitable to grant the injunction,” reads his judgment.

A judicial review is to take place from Oct. 19 to 22 in Vancouver.


 

Do you have something to add to this story, or something else we should report on? Email:
kendra.crighton@blackpress.ca. Follow us on Instagram.  
Like us on Facebook and follow us on Twitter.

BC Supreme CourtHighlands

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Located at 9750 West Saanich Rd., this North Saanich mansion is on the market for $10.25 million. (Realtor.ca photo)
Located at 9750 West Saanich Rd., this North Saanich mansion is on the market for $8.65 million. (Realtor.ca photo)
The five most expensive homes for sale in Greater Victoria

A roundup of luxury estates currently on the market

Jimmy Fallon joked that a woman’s 4.5-star review of a Langford jail is “the most Canadian thing you could do” in The Tonight Show Jan. 21. (Screenshot/YouTube)
VIDEO: Jimmy Fallon jokes Canadian jails are basically hotels following woman’s 4.5-star review

Woman gave handwritten card to police following stay in Langford cells

Sidney's Beacon Wharf
Pontoon company piqued at prospect of public-private partnership around Sidney wharf

Seagate approached to submit proposeal for public-private partnership

Following a cease work order from the District of Highlands in October, the BC Supreme Court ruled Jan. 20. that bylaws won’t apply to O.K. Industries’ work until its quarrying activity is complete. (Courtesy of District of Highlands)
BC Supreme Court rules Highlands quarry work can continue

District bylaws won’t apply until quarrying activities are complete

The Greater Victoria School District and two retired teachers are named as defendants in a lawsuit alleging that a student was sexually abused in the early 2000s. (Pixabay photo)
Former Saanich student files sexual abuse lawsuit against school district, retired teachers

Lawsuit claims student was groomed, abused by retired teacher

Toronto Public Health nurse Lalaine Agarin sets up for mass vaccination clinic in Toronto, Jan. 17, 2021. B.C. is set to to begin its large-scale immunization program for the general public starting in April. THE CANADIAN PRESS/Frank Gunn
B.C.’s COVID-19 mass vaccinations expected to start in April

Clinics to immunize four million people by September

Chief Public Health Officer Theresa Tam speaks during a daily briefing in Ottawa. (THE CANADIAN PRESS/Adrian Wyld)
31 cases of COVID-19 variants detected in Canada: Health officials

Dr. Theresa Tam made announces 13 more variant COVID-19 cases in Canada

An Atlantic salmon is seen during a Department of Fisheries and Oceans fish health audit at the Okisollo fish farm near Campbell River, B.C. in 2018. The First Nations Leadership Council says an attempt by industry to overturn the phasing out of salmon farms in the Discovery Islands in contrary to their inherent Title and Rights. (THE CANADIAN PRESS /Jonathan Hayward photo)
First Nations Leadership Council denounces attempt to overturn salmon farm ban

B.C.’s producers filed for a judicial review of the Discovery Islands decision Jan. 18

Daily COVID-19 cases reported to each B.C. health region, to Jan. 20, 2021. Island Health in blue, Northern Health green, Interior Health orange, Vancouver Coastal in red and Fraser Health in purple. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infection rate stays stable with 508 cases Friday

Vaccine delivered to more than 110,000 high-risk people

More than 100 B.C. fishermen, fleet leaders, First Nations leaders and other salmon stakeholders are holding a virtual conference Jan. 21-22 to discuss a broad-range of issues threatening the commercial salmon fishery. (Black Press file photo)
B.C. commercial salmon fishermen discuss cures for an industry on the brink

Two-day virtual conference will produce key reccomendations for DFO

Black Press file photo
Investigation at remote burned-out Vancouver Island cabin reveals human remains

Identity of victim not released, believed to be the owner of an SUV vehicle found parked nearby

Angela Waldick is the new team photographer for the Nanaimo NightOwls. (Nanaimo NightOwls photo)
Half-blind photographer will help new Island baseball team look picture-perfect

Nanaimo NightOwls say legally blind team photographer is making history

School District 57 headquarters in Prince George. (Mark Nielsen, Local Journalism Initiative Reporter)
Prince George school district settles with sexual abuse victim

Terms were part of an out-of-court settlement reached with Michael Bruneau, nearly four years after he filed a lawsuit

Surrey provincial court. (File photo: Tom Zytaruk)
New COVID-19 protocols set for provincial courthouses

The new rules were issued on Jan. 21, and took effect immediately

Most Read