Alina Chekh wins penalty petition at BC Supreme Court

Alina simultaneously successfully brought and defended a petition for judicial review on behalf of her client, the Chief Inspector of Mines.

The two petitions before the Court address the construction of s. 36.6(1) of the Mines Act, R.S.B.C. 1996, c. 293 (the “Act”) in the context of an administrative monetary penalty. In her petition, Alina challenged the finding of the Environmental Appeal Board that the penalty was statute-barred by the limitation period in the Act. Alina’s challenge to the underlying decision was successful. A corresponding judicial review application by the recipient of the administrative monetary penalty was unsuccessful.

To read the decision, visit 2023 BCSC 1328. For more information on Allen / McMillan’s administrative law practice, please contact Alina at alina@amlc.ca.