Task Blog Entry #6: Case Law

Citation:

Series of events that led to the case being brought to court:

Lake Louise ski resort cut down a number of endangered tree species along a ski run without a proper permit.
Lake Louise leases it’s land from Parks Canada, so the cutting of any trees or vegetation requires a permit, which is outlined in the lease.
While assessing a site for a new trail, Park’s Canada personnel found evidence that the endangered Whitebark Pine species had been cut down.
After an investigation by Park’s Canada, Lake Louise Ski Area was taken to court.

Judges decision:

The Judge decided to fine Lake Louise Ski Area Ltd. 2.1 million dollars for cutting down the endangered trees.

Main reasons for decision:

Lake Louise Ski Area Ltd. should be aware at all times that the ski hill is located in a national park and the rules that apply to being on the lease land.
Killing of endangered species in a National Park is simply unacceptable.
Lake Louise was reckless in not giving their ski trail maintenance teams the appropriate training.
The cutting area was large, around 300 metres long and 5 metres wide.

Survey and land administration takeaways:

Always ensure that you know the laws of the land that you are surveying.
Ensure that the proper permits are in place for every area you are surveying, as they may change by specific boundaries.

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