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Early Recovered Resources Inc v HM in Right of The Province of British Columbia and Ors - Federal Ct (James Russell J) - 18 July 2005

Constitutional law - Canadian forestry legislation enacting scheme relating to compensation for recovery of logs - Plaintiff recovering drifting unmarked logs in river - Plaintiff claiming higher compensation as salvage remuneration pursuant to Canadian Shipping Act incorporating 1989 Salvage Convention - Whether forestry legislation unconstitutional - Whether Canadian Shipping Act ultra vires in relation to compensation for recovery of unmarked logs

(2006) 683 LMLN 3

In January 1999 the plaintiff recovered 65 floating logs from the Fraser River in the Vancouver Log Salvage District. The plaintiff's employee held a log salvage permit that authorised her to salvage logs in the Vancouver Log Salvage District. The permit was issued pursuant to the Log Salvage Regulation BC Reg 220/81 enacted under the Forest Act, RSBC 1996 c157. Of the 65 recovered logs, 17 bore no visible timber marks. Gulf Log Salvage Co-Operative Association ("Gulf Log"), which ran the log receiving station under the provincial system, accepted 14 of the logs. Two other logs were accepted as deadheads, and the remaining log, an alder log, was placed into a debris bag for disposal.

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Jan 26 2006

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