What are the grounds of appeal?

British Columbia, Canada


The following excerpt is from Workers’ Compensation Board of British Columbia v. Seattle Environmental Consulting Ltd., 2020 BCCA 365 (CanLII):

Accordingly, these two grounds of appeal are entirely devoid of merit and should not have been pursued. Before leaving this topic, however, I would observe that orders restraining persons from noncompliance with an entire body of governing legislation in a regulated industry should be made sparingly because they expose those bound by them to common-law contempt in addition to the specific regulatory offences provided for in the legislation for the same conduct: Vancouver Coastal Health Authority v. Adamson, 2020 BCCA 145 at paras. 35–36.

It is common ground that a contempt proceeding, even one involving civil contempt as in the present case, is quasi-criminal in nature, engaging the principles of fundamental justice and Charter protections. This is because civil contempt can attract criminal consequences, including a custodial sentence: Interfor v. Simm, 2000 BCCA 500 at para. 25.

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