Decision Date: March 15, 2000

Court: B.C.S.C. Smith, J.

Cite: Campbell River Registry No. S3482

Mr. Luoma sought to appeal from decisions of the Forest Appeals Commission and a Forest Appeal Board. Counsel for the Attorney General sought an order dismissing Mr. Luoma’s appeal as out of time. The Commission and Board decisions were sent to Mr. Luoma’s solicitor by fax and by regular mail, but not directly to Mr. Luoma. If Mr. Luoma was validly served, he failed to file his appeals to the Court within the time allowed. If he was not validly served, then he was within time.

The Court found that both the Board and the Commission had acted in such a manner that Mr. Luoma had been validly served under both the Forest Act and the Forest Practices Code. Furthermore, the Court concluded that, because Mr. Luoma had given his solicitor’s address for delivery, he could not argue that the Board and Commission failed to comply with the statutes because they did not deliver the document to him personally or by registered mail to his address. The appeals were dismissed as out of time.