Third Party: Forest Practices Board
APPEAL NO. 2001-FOR-001

This appeal concerned the vicarious liability provisions of the Forest Practices Code (the Code), and whether a contract logger who carried out unauthorized timber harvesting was acting as an agent for landowners who were unaware of his conduct, but who had retained him and received economic benefit from the sale of Crown timber. The Board joined the appeal to make submissions on vicarious liability. The FAC found that the vicarious liability provisions did apply because the timber harvesting was done “for the benefit” of the landowners. The landowners appealed to the BC Supreme Court, which agreed with the FAC.

Appeal allowed in part (on penalty amount issue).

FAC Decision: http://www.fac.gov.bc.ca/forestPracCode/2001for001.pdf

BC Supreme Court Decision: http://www.courts.gov.bc.ca/jdb-txt/sc/02/09/2002bcsc0950.htm