Local Journalism Initiative
By Bob Mackin, Local Journalism Initiative, The Hamilton Spectator
A B.C. Supreme Court judge refused to throw out the lawsuit by a first nation against the Prince Rupert Port Authority (PRPA).
In a Jan. 30 decision, Justice Edlyn Laurie disagreed with the PRPA’s application to strike the Metlakatla First Nation’s July 2024 lawsuit.
Metlakatla claimed PRPA infringed on its aboriginal rights by withholding a material fact while purporting to consult on the Ridley Island project.
The project, to build and operate a bulk liquids storage facility and jetty, obtained Crown approval to proceed under federal legislation.
PRPA said the Federal Court had jurisdiction. Laurie dismissed the PRPA application, but said it could file and serve an amended claim.
“The plaintiff should be allowed to get on with it.”
Justice Edlyn Laurie, Judge of the Supreme Court of British Columbia
“I agree with Metlakatla that its claimed losses are directed at PRPA’s decision-making in respect of Metlakatla itself,” Laurie wrote. “A judicial review would not address Metlakatla’s claimed losses. Although Metlakatla’s claim raises public law issues, these are incidental to Metlakatla’s claim for damages. Further, a civil action does not constitute a collateral attack only because it alleges that a government decision is unlawful.”
Metlakatla accuses PRPA of breach of fiduciary duty, breach of duty to consult, negligent misrepresentation and unjust enrichment.
Laurie found that, on each count, “it is not plain and obvious” that Metlakatla’s claim is a collateral attack on the Crown approval.
“The plaintiff should be allowed to get on with it,” Laurie wrote.
