British Columbia Supreme Court Rules In Favour Of Glacier Resorts Ltd In Jumbo Glacier Resort Project Case
The Supreme Court of British Columbia (SCBC) ruled in favour of Glacier Resorts’ petition that the Province of British Columbia’s October 12, 2014 decision that construction of the Jumbo Glacier Resort project was not “substantially started” be remitted.
The decision by then Minister of the Environment Mary Pollack caused the project’s Environmental Certificate to expire. The judgment found that the then Minister’s decision was unreasonable, and that relevant evidence was not considered. Justice Forth has therefore remitted the decision to the current Minister with specific instructions to consider the interpretation of the legislative scheme, the mitigating/limiting factors and legal analysis made in the judgment.
Justice Forth reiterated a 2005 statement by Justice Melnick that “there have been extensive delays in the regulatory process and hurdles that Glacier has been subjected to” and she said that “thirteen years later, Glacier now faces the requirement for a further consideration under s. 18(5), which hopefully will be expeditiously carried out.”
Jumbo Glacier Resort is a unique sightseeing destination and is the only year round ski resort in North America. It will be located at the foot of Jumbo Mountain and Jumbo Glacier — 53 km west of Invermere, British Columbia, on a former sawmill site. The resort will provide lift-serviced access to four nearby glaciers at an elevation of up to 3,419 metres (11,217 feet).
The resort is planned in three phases and will ultimately include 5,500 bed-units (plus 750 beds for staff accommodations) in a 110 hectare resort base area. At build-out, the resort will see up to 2,000 to 3,000 visitors per day in high season. In winter, the ski area will offer a 1,715 metre (5,627 feet) 100% natural snow vertical.
In summer, up to 700 metres (2,300 feet) of natural snow vertical will be available on the glaciers. The resort’s location was chosen for its optimal snow conditions, high elevations, large glaciers, and the fact that the Jumbo Creek valley has seen significant prior use. The valley provides the easiest access to 3,000 metre high (10,000 feet) glaciers in North America.
