Victoria Gold held a water license requiring a Reclamation and Closure Plan (RCP) with a financial security for site remediation. The Yukon Water Board reviewed the RCP in 2020 and, in 2022, ordered Victoria Gold to provide $105 million in security.
Victoria Gold appealed the decision, claiming procedural unfairness.
Key Events:
In June 2024, a significant heap leach failure occurred, leading to environmental contamination.
In response, the Government of Yukon petitioned for Victoria Gold's receivership, granted in August 2024, rendering the appeal moot.
Legal Issues:
Procedural Fairness: The Yukon Water Board failed to disclose documents from an external expert, Northland Earth and Water Consulting Inc., which it relied on to determine the security amount.
Mootness: Despite the receivership, the court addressed procedural fairness because it raised broader concerns regarding the Water Board's policies on disclosure.
Decision:
The court found that the Water Board breached procedural fairness by not providing the Northland documents to Victoria Gold, violating the company’s right to respond.
There is no clear "successful" party in the traditional sense because the court’s decision addresses only the procedural fairness issue and does not affect the outcome of the monetary security or damages.
Recommendations:
The court emphasized the need for full disclosure in administrative decisions and encouraged the Government of Yukon to participate more actively in similar cases. However, no order was made due to the case being moot.
