BC Court of Appeal dismissed the applications for leave to appeal by GSXCCC, JIESC

Judge Thackray of the BC Court of Appeal dismissed the applications for leave to appeal by GSXCCC, BCSEA and SPEC and by JIESC in court of appeal chambers on April 12, 2005. Reasons for the decision will be issued by Monday or Tuesday, April 18 or 19.

The applicants for leave to appeal have a right to request a review (appeal) of the leave decision to a three-judge panel of the court, and Judge Thackray expected that they would likely do that.

Counsel for all parties acknowledged it was necessary to get instructions from their respective clients as to the next steps.

Normally, apart from the ‘urgency’ aspect of this case, the review of the leave dismissal would be heard, and then if it were successful a date would be set for the court (three-judge panel) to hear the main appeal.

However, in urgent cases such as this one it is possible to have a three-judge panel hear both the review (appeal) of the dismissal of leave AND the appeal itself all in one go. That way, there are three potential outcomes: (a) the panel overturns the dismissal of leave and allows the main appeal, (b) the panel overturns the dismissal of leave but disallows the main appeal (preserves the possibility of an application for leave to appeal to the Supreme Court of Canada), or (c) declines to overturn the dismissal of leave and the appeal is dead with no possibility of appeal to SCC.

If the review application and the main appeal were heard together, it would almost certainly be done on May 2-3, which dates have already been reserved.

Hydro and DPP are likely anxious to have the review and the main appeal heard together on May 2-3; because if the review was done separately and was successful the date for the hearing of the main appeal would be getting closer and closer to the project drop-dead date.

Decisions remain from GSXCCC et al, and JIESC, whether either or both will apply for a review of the dismissal of leave, and, if so, whether to agree to have the review and the main appeal heard together.

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