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City of Surrey Case

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City of Surrey Case

The doctrine of stare decisis operates under a notion that decisions have to stand by already-decided matters. Decisions already made are binding to similar cases in future with regard to this doctrine. This doctrine aims to create stability, certainty and fairness in the law. It will obviously not be reasonable to settle a particular case in one way and then settle a similar one in a different way, when even the parties expect it to have a similar ruling.

Parties are likely to face various implications brought about by this doctrine. Since it sets a precedent that any similar case brought before a judging panel will be dealt with in one way, a particular party will suffer consequences of unfair decisions in the future. In this particular case of the application made by City of Surrey against the Southern Railway of BC and the BC Hydro, the decision by the agency portrays how adhering to the doctrine of stare decisis has future implications to parties.

In summary, this case follows that the City of Survey filed an application, pursuant to the Canadian Transport Agency, subsection 101 (3) for the authority to undertake the construction and maintenance of a storm sewer and storm water diversion system. The systems would be constructed under and adjacent to the railway operated by SRY and mostly on the land owned by BC Hydro, making these two the parties connected to and challenging the applicant’s intentions. However, after deliberations, the agency has so far made a decision that the city has the authority to construct and maintain their undertaking without terms, conditions or compensatory fee to the contesting parties (SRY and BC Hydro).

This decision takes a binding effect to any such cases in the future. For this reason, the decision will equally have future implication to all the three parties involved.

City of Surrey Case

The Future implications on the British Columbia Hydro and Power Authority.

The decision by the agency to rely on the Canada Transport Act 6o decide on this case creates an implication of subjecting the Hydro and Power sector to the Canada Transport Act. it also portrays a disregard to the supremacy of the Hydro and Power Act. The Hydro and Power Authority Act is the statute that governs all the acts pertaining the Hydro and Power sector. BC Hydro is a part of this sector and is thus governed by the provisions of this Act.