The Vancouver Sun reports in its Tuesday edition that Imperial Metals wants evidence from a trial on the responsibility for the Mount Polley mine dam failure to be considered in a prosecutorial decision by Canada against the company for potential environmental damage charges relating to the breach. The Sun's Gordon Hoekstra writes that in a petition filed in B.C. Supreme Court, Imperial Metals says the evidence of former B.C. chief inspector of mines Al Hoffman is of "fundamental importance" to the case. The mining company has asked for the court's permission to use Mr. Hoffman's evidence and related B.C. government responses collected during the discovery stage, information normally only to be used in the lawsuit for which it is gathered. In its petition to the court, Imperial Metals' lawyer Gavin Cameron wrote that Mr. Hoffman testified regarding the "lack of foreseeability of the failure of the [Mount Polley mine waste dam] to both the regulator and [Imperial Metals]." The petition argues that where there has been due diligence, there can be no conviction. Imperial, which sued two engineering firms over the dam failure, won a $108-million settlement at the end of 2018 in the trial in which Mr. Hoffman provided evidence.
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