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Tolko Industries is appealing a $75,000 fine it received after a logging road it built caused a landslide eight years ago.

According to a Nov. 15 BC Forest Appeals Commission decision, the logging road was built in 2011 and its construction ultimately led to a landslide that took place in May 2017.

"The landslide is said to have resulted in damage to crown timber, the ecosystem, fish, and fish habitat," the Forest Appeals Commission decision read.

It's unclear where in the Okanagan or Shuswap the landslide took place and the decision refers to the incident as the Rosemond Slide.

In May 2017, multiple places in the Southern Interior had to deal with serious flooding with some people in Kelowna evacuated, while others dealt with power outages and boil water advisories.

In 2022, following the $75,000 fine, Vernon-based Tolko Industries launched an appeal saying the fine was excessive and there was insufficient evidence to prove that the construction of the logging road caused the landslide

However, Tolko has since amended its appeal and is no longer arguing that building the logging road didn't cause the landslide.

The company still maintained the $75,000 fine was excessive.

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Tolko also argued that documents the provincial government requested from the company are not needed anymore, since it dropped certain aspects of its appeal.

The BC government argued that the documents "may shed a light" on what Tolko knew about the logging road and whether it had done its due diligence.

"Those documents might also reveal something about the (Tolko's) forest practices which could be considered in determining the gravity and magnitude of the contravention," the BC government argued in the decision.

However, The Forest Appeal Commission didn't see the relevance of why Tolko should hand over the documents.

"I am not satisfied that understanding more about the cause of the slide will assist in determining the appropriate penalty," the Commission said. "(The BC government's) concerns that (Tolko) may yet still argue it did not cause the slide or that other factors contributed to the slide are not a well-founded concern."

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The province also argued that Tolko had submitted "weak" evidence in its appeal that it had later dropped very late in the game. It accused the forestry company of using this as a tactic and said it should be awarded costs to cover the unnecessary expenditure and resources used.

However, the Forest Commission didn't buy the government's argument.

"I... find that there is nothing in (Tolko's) conduct of this appeal that can be described as a marked departure from the expected standards of conduct," the Commission said.

Ultimately, the Forest Appeals Commission denied the province's request for documents from Tolko and extra costs.

Tolko's appeal of the $75,000 fine will now continue on an unspecified date in the future.

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