Oct 15, 2018 - Court Appeal Planned for BC Supreme Court Decision in Favour of Owners Riparian Rights

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Bowen, Denman, Gabriola, Galiano, Gambier, Hornby, Lasqueti, Mayne, N. Pender, Salt Spring, Saturna, S. Pender, Thetis 
 
 
News Release 
200 - 1627 Fort Street Victoria BC  V8R 1H8 
Telephone  250.405.5151 FAX:  250.405.5155 
Toll Free via Enquiry BC in Vancouver 604.660.2421.  Elsewhere in BC 1.800.663.7867 
information@islandstrust.bc.ca     www.islandstrust.bc.ca  
 
October 16, 2018                                                2018-10-IT 
 
COURT APPEAL PLANNED FOR B.C. SUPREME COURT DECISION IN FAVOUR OF OWNERS’ RIPARIAN RIGHTS 
 
VICTORIA  Following its business meeting on Friday, October 12, the Gabriola Island Local Trust Committee announced 
it will appeal a decision of the B.C. Supreme Court in Fonseca v. Gabriola Island Trust Committee to enforce its zoning 
regulations in respect of a retaining wall that owners of land on Mudge Island constructed to protect their shoreline 
property from erosion. 
The Gabriola Island Local Trust Committee previously sought a declaration from the court to enforce its zoning 
regulations against property owners who had constructed retaining walls and other accessory structures within the 
required 30-metre ocean setback on Mudge Island.   
While the B.C. Supreme Court upheld the Local Trust Committee’s zoning regulations ordering the removal of a deck, 
fences and other structures, the court found in favour of the owners’ argument that the zoning regulation interfered with 
their riparian rights to protect their property from erosion. 
The judgement, referencing old English and Roman law, expressed that the Local Trust Committee is unable to prevent 
the owners from building an embankment wall on the edge of their property, because the Local Government Act and 
related provincial legislation does not explicitly repeal or do away with the common law riparian right.  
“We are disappointed with the Court’s narrow interpretation of the law and decision that B.C. local governments cannot 
enact zoning regulations to prohibit seawalls,” said Local Trust Committee Chair, Laura Busheikin. “The decision strikes at 
the heart of the Islands Trust’s preserve and protect mandate and our government’s efforts to protect the natural 
environment while preparing for climate change.” 
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CONTACT:    Laura Busheikin, Chair, Gabriola Island Local Trust Committee, 250.218.3216 
                       Russ Hotsenpiller, Chief Administrative Officer, via Andrew Templeton,  
                       Communications Specialist, 250.405.5156  
 
The Islands Trust is a federation of local government bodies representing 26,000 people living within the Islands Trust 
Area and another 10,000 non-resident property-owners. The Islands Trust’s local trust committees are responsible for 
preserving and protecting the unique environment and amenities of the Islands Trust Area through planning and 
regulating land use, development management, education, co-operation with other agencies, and land conservation. The 
area covers t

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