Third Party: Forest Practices Board
APPEAL NO. 2012-FRP-003
West Fraser appealed a determination finding that it contravened FRPA by failing to achieve a visual quality objective near Bowron Lakes Provincial Park. The appeal centred on the due diligence defence and sought to revisit issues canvassed in the BC Supreme Court decision in Pope and Talbot, to which the Board was a party (discussed below, under 2007). These issues include the role of foreseeability in the due diligence analysis and the importance of foreseeability of the precise cause of the problem. This case involved reliance on computer modelling of the predicted visual impacts of logging, and what the decision-maker found to be inadequate monitoring of the actual visual impacts during harvesting. The appeal was later withdrawn by West Fraser.
Appeal withdrawn.