The applicants sought judicial review of a Department of Fisheries and Oceans order requiring them to correct works and protect fish habitat in connection with a highway extension project.
The structures, built under a Fisheries Act authorization, showed signs of instability and scouring.
After warnings and discussions, the officer ordered immediate corrective measures.
The Federal Court found that DFO complied with procedural fairness given the urgency and context, and that the order was reasonable based on the evidence of latent risks to fish habitat.
The application was dismissed without costs.
