CIVIL EVIDENCE - Documentary evidence - Publication bans and confidentiality orders - Sealed evidence

Law360 Canada ( October 14, 2026, 9:36 AM EDT) -- Applications by K’ómoks First Nation (KFN) for an extension of time and leave to appeal a British Columbia Utilities Commission (Commission) order approving electricity purchase agreements (EPAs), as well as for a sealing order. KFN asserted Aboriginal and treaty rights in the area and had a longstanding territorial dispute with Wei Wai Kum First Nation (WWK), which ultimately acquired 51 per cent ownership of the project’s proponent, Yayus Energy Inc. (the Proponent). BC Hydro acknowledged a duty to consult KFN and delegated procedural consultation to the Proponent. KFN argued that consultation was inadequate because of WWK’s alleged hostility toward KFN’s Treaty. The Commission found that the EPA itself represented an early project stage that had not authorized physical development and therefore attracted consultation at the low to moderate end of the Haida spectrum. KFN filed its leave application almost six months after the Commission’s decision, explaining that it required access to confidential materials before deciding whether to appeal. It also sought sealing orders over commercially sensitive documents....
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