John Trueman and Katelyn Chaudhary win property assessment appeal involving Galiano Island forest land
AMLC lawyer John Trueman and articled student Katelyn Chaudhary successfully represented a managed forest land owner on Galiano Island in an appeal against a decision of the BC Property Assessment Appeal Board. The landowner had a 960 square foot unfinished dwelling on his 90-acre property, which he used and slept in while managing the forest. The assessor had classified the land beneath the dwelling as “residential,” thus depriving the landowner of the preferential tax treatment afforded to private managed forest land owners.
On appeal, the BC Supreme Court held that the landowner’s use of the dwelling to further the production and harvesting of forest resources on his property was sufficient to maintain the managed forest land classification. The Board had fallen into error by imposing additional requirements, such as considering whether a dwelling was “required” to manage the forest, or whether it was “integrally related” to the production or harvesting of forest resources.
Articled student Katelyn Chaudhary, making legal submissions in court for the first time in her career, successfully argued that the Board failed to properly consider the actual road and water distances involved in transporting logs from Galiano Island to the nearest sawmill.
For many years, AMLC lawyers have defended the rights of private managed forest owners on Galiano Island to live on their properties, just as many farmers live on their farms. This decision reinforces the principle that managed forest land owners should not lose that classification when they have a dwelling they use to help manage the forest.
To read the decision, visit 2024 BCSC 561. For more information on Allen / McMillan’s real estate litigation practice, please contact Wes McMillan at wes@amlc.ca or John Trueman at john@amlc.ca.