Follow the Legal Motions - Actions - Statements - Whatever
Sept. 5 - The August 31st WFP Appeal Document in full VERY LARGE PDF
August 29 - Comments on reason for judgement
August 22 - Bebbington report on the day in court - August 21st
August 25 - Bebbington report on Decision of August 23.
August 20 - MOF PRess Release
July 19/07 - Injunction
Rebuttal Affidavit of JEFFREY TERNAN
July/07 AFFIDAVIT OF HANS PENNER
July 19/07 - Injunction
Rebuttal Affidavit of JEFFREY TERNAN
July/07 AFFIDAVIT OF HANS PENNER
BC Supreme Court Hearing - August 21st, 2007 9:45am
800 Smithe Street, Vancouver, BC
An advertisement by WFP was placed in the Coast Reporter (See page A8) in the August 17th, 2007 issue, giving notice of a "Court Application" to appeal the LBH order dated Aug 11th, 2007.
WFP has also applied to the BC Supreme Court for an application to "stay" the LBH order pending the appeal.
Anyone interested in attending this application hearing is encouraged to do so and hopefully we will have a packed courtroom to hear WFP's legal arguments to support their request to have the "stay" granted by the Judge. Read it All
WFP has also applied to the BC Supreme Court for an application to "stay" the LBH order pending the appeal.
Anyone interested in attending this application hearing is encouraged to do so and hopefully we will have a packed courtroom to hear WFP's legal arguments to support their request to have the "stay" granted by the Judge. Read it All
August 20 - Transcript of the complete testimony provided by Mr. Greg Hemphill on August 8th, 2007 at the LBH hearing. - Large PDF
It seems to me (as a lay person) that the Chief Medical Officer (Dr Kendall) continues to state publicly that the report prepared by a professional hydrologist was used in his decision making back on June 29th, 2007 and even when evidence was presented at the LBH hearing on Aug 8th, 2007 contrary to this information, Dr Kendall continues to state that the report was prepared by an hydrologist. This was not the case and based upon this misinformation Dr Kendall in his letter of June 29th,2007 shut down the other avenue, namely the drinking water protection act.
So the LBH was dammed if they used the Health Act (according to Mr. Smyth) and was not allowed by the Chief Medical Officer to use the Drinking Water Protection Act, it seems to me the LBH are between a rock and a hard place when it comes to protecting the drinking water either under the Health Act or the Drinking Water Protection Act.
Surely Dr Kendall should be informed that the report was not prepared by a hydrologist and perhaps he will reconsider his position on the matter.
It seems to me (as a lay person) that the Chief Medical Officer (Dr Kendall) continues to state publicly that the report prepared by a professional hydrologist was used in his decision making back on June 29th, 2007 and even when evidence was presented at the LBH hearing on Aug 8th, 2007 contrary to this information, Dr Kendall continues to state that the report was prepared by an hydrologist. This was not the case and based upon this misinformation Dr Kendall in his letter of June 29th,2007 shut down the other avenue, namely the drinking water protection act.
So the LBH was dammed if they used the Health Act (according to Mr. Smyth) and was not allowed by the Chief Medical Officer to use the Drinking Water Protection Act, it seems to me the LBH are between a rock and a hard place when it comes to protecting the drinking water either under the Health Act or the Drinking Water Protection Act.
Surely Dr Kendall should be informed that the report was not prepared by a hydrologist and perhaps he will reconsider his position on the matter.
We understand that Mr. John Conroy, QC is working closely with yourself on preparing the legal case and materials for the court hearing on Tuesday. I wanted to send you a copy of an e-mail (along with attachments) that I have sent to Mr. Conroy regarding the conflicting evidence/testimony regarding this so called professional hydrologist that prepared the report that Dr Kendall apparently used in making his decision and basis for his opinion that a health hazard did not exist.
Mr. Greg Hemphill provided in his submission and testimony when asked questions by the LBH that in fact the report that was used by Dr Kendall was NOT PREPARED by a professional hydrologist. Mr Hemphill indicated that he has corrected his letter to the SCRD/LBH and that a updated letter was sent to the SCRD confirming that there was never a professional hydrologist. (see attached testimony Greg Hemhill)
Dr Kendall in his letter of June 29th,2007 effectively shut down the option of using the Drinking Water Protection Act even though it has turned out later to be based on perhaps flawed information.
Since Dr Kendall continues to state publicly in the newspapers that based on the hydrologist reports, there is no health hazard, then someone has not informed Dr Kendall about Mr Hemphill's testimony, or somehow Dr Kendall doesn't believe what Mr. Hemphill has testified at the LBH hearing.
Mr. Greg Hemphill provided in his submission and testimony when asked questions by the LBH that in fact the report that was used by Dr Kendall was NOT PREPARED by a professional hydrologist. Mr Hemphill indicated that he has corrected his letter to the SCRD/LBH and that a updated letter was sent to the SCRD confirming that there was never a professional hydrologist. (see attached testimony Greg Hemhill)
Dr Kendall in his letter of June 29th,2007 effectively shut down the option of using the Drinking Water Protection Act even though it has turned out later to be based on perhaps flawed information.
Since Dr Kendall continues to state publicly in the newspapers that based on the hydrologist reports, there is no health hazard, then someone has not informed Dr Kendall about Mr Hemphill's testimony, or somehow Dr Kendall doesn't believe what Mr. Hemphill has testified at the LBH hearing.
August 20 - Letter Maser to Bull, Houser
Sept. 11 - Various documents bearing on the upcomg WFP appeal
- SCRD Submission - PDF - 2 megs
- Submisssion of our individaul water fighters
- Attorney General's support of Health Board
- SCRD Submission - PDF - 2 megs
- Submisssion of our individaul water fighters
- Attorney General's support of Health Board
October 10th - Reason for Judgement in Appeal - PDF