Resource World Magazine

62 www.resourceworld.com o c t o b e r / n o v e m b e r 2 0 1 6 WaTEr It's been over 20 years since Colin Beach of West Vancouver, British Columbia launched his civil lawsuit on behalf of Aquasource Ltd. (now called Rain Coast Water Corp.) against the BC government, former Premier William Vander Zalm, and others. On May 12th of this year Supreme Court Justice Peter Leask ruled that the 1980s Social Credit government committed "misfeasance in public office" or abuse of power by unlawfully cancelling Aquasource's foreshore licence for shipping bulk water from BC to California and improperly favouring another company, Western Canada Water. Aquasource planned to ship water from a fresh water falls near Powell River, BC – water that cascades into the ocean – to water-starved California, and worldwide, for bottling. Justice Leask wrote "the initial selection of Western Canada Water was a clear example of giving favourable treatment to one competitor at the expense of oth- ers, including the plaintiff and against the public interest." Justice Leask also found the Province of BC directly liable for misfeasance, and vicariously liable for the misfeasance of J. Farrell, formerly Deputy Comptroller of Water Rights, with respect to his failure to inform Beach about water rates. One might think that the judge's ruling in favour of Rain Coast would end the matter and some kind of monetary settlement would be awarded – potentially in the hundreds of millions of dollars in lost economic opportunity – but that didn't happen. Beach was back in court September 13 with Judge Leask still presiding. In an interview, with Resource World, Beach said, "It was a decision that the court will pay to the plaintiff $32,500 which is roughly half of the $65,144 in security for costs that the plaintiff paid into court in 2005." Beach said he believes the next step will be a hearing before the Court of Appeal in Lengthy BC bulk water shipping trial not over 'til it's over by Ellsworth Dickson Colin Beach (circa 1983) in front of Freil Falls in Hotham Sound, coastal British Columbia, a potential source of fresh water for bulk shipping. photo courtesy Colin Beach. continued on page 65 * Resource World does not sell your information to third parties 709-700 W Pender st., vancouver bc v6c 1g8 canada Name aDDreSS CItY prOV. pOStaL CODe pHONe e-maIL online at www.resourceworld.com or phone 1.877.484.3800 SAVE 50% up to resource World (print and Digital edition) 1 Year ($19.95) resource World (Digital edition) 1 Year ($9.95) resource World (Digital edition) 2 Years ($14.95) resource World (print and Digital edition) 2 Years ($24.95) International resource World (print) 1 Year ($89.00) renew my subscription Canadian subscribers please add applicable sales tax

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