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Simone Penney

Profile

Simone is developing a general civil litigation practice, with a particular interest in commercial and corporate disputes and estate litigation.

Simone received her J.D. from the Peter A. Allard School at the University of British Columba in 2020. As a law student, Simone competed in the Wilson Moot, volunteered with Pro Bono Students Canada and interned with the Provincial Court of British Columbia.

Before articling with Hunter Litigation Chambers, Simone summered with the Atira Legal Advocacy Program and Alberta Justice and Solicitor General.

Notable Cases

Notable Cases

OK Industries Ltd. v. District of Highlands, 2022 BCCA 12 (with Mark Oulton, Brian Duong): counsel for the respondent OK Industries Ltd in successfully defending an appeal by a municipality of a Supreme Court order staying the municipality’s cease work order and declaring several of its bylaws inapplicable to activities carried out in respect of the development and operation of a quarry authorized by a provincial Mines Permit within municipal boundaries. The Court of Appeal maintained the stay of the cease work order and the declarations of inapplicability in respect of the land use bylaws, and amended the declarations with respect to the other bylaws to state that they are inapplicable to the extent that they prevent OK Industries from carrying out the activities authorized by the Mines Permit in accordance with the terms and conditions set out in the permit.

Highlands District Community Association v Attorney General for British Columbia et al, 2021 CanLII 112319 (with Mark Oulton, Brian Duong): counsel for the respondent OK Industries Ltd in a leave application to the Supreme Court of Canada, brought by a local community association in respect of an unsuccessful challenge to a Mines Permit authorizing a quarry on Vancouver Island. The leave application was dismissed, with costs to OK Industries.

Highlands District Community Association v. British Columbia (Attorney General), 2021 BCCA 232 (with Mark Oulton, Brian Duong): counsel for the respondent OK Industries Ltd in successfully defending an appeal from an order dismissing an application for judicial review brought by a local community association in respect of a Mines Permit authorizing a quarry on Vancouver Island.

News

News

January 2022

Mark Oulton, Brian Duong and Simone Penney successfully defended an appeal a Supreme Court order staying a municipality’s cease work order and declaring several of its bylaws inapplicable to activities carried out in respect of the development and operation of a quarry authorized by a provincial Mines Permit within municipal boundaries. The Court of Appeal maintained the stay of the cease work order and the declarations of inapplicability in respect of the land use bylaws, and amended the declarations with respect to the other bylaws to state that they are inapplicable to the extent that they prevent OK Industries from carrying out the activities authorized by the Mines Permit in accordance with the terms and conditions set out in the permit.

A copy of the decision can be found here.

November 2021

Mark Oulton, Brian Duong and Simone Penney successfully defended a leave application from an order of the Court of Appeal dismissing a challenge brought by a local community association in respect of a Mines Permit authorizing a quarry on Vancouver Island. A copy of the decision dismissing the leave application can be found here.

June 2021

Mark Oulton, Brian Duong and Simone Penney successfully defended an appeal from an order dismissing an application for judicial review brought by a local community association in respect of a Mines Permit authorizing a quarry on Vancouver Island. A copy of the decision can be found here.