Original language

English

Country
Canada
Date of text
Status
Unknown
Type of court
National - higher court
Sources
Court name
Court of Appeal for British Columbia
Seat of court
Vancouver
Reference number
2011 BCCA 478
Tagging
Injunctive Relief, Licences, Permits, Forests, Remedies, Standing, Property, Evidence, Damages, Constitutional
Free tags
Legal questions
Forestry
Justice(s)
Hinkson.
Abstract
The applicant, Canadian Forest Products Ltd., seeks leave to appeal two orders of the Supreme Court. The first order dismisses its application for injunctive relief in British Columbia Supreme Court Action No. S098601. The second order grants injunctive relief against it to those referred to by the Chambers Judge as the Kelah plaintiffs, in British Columbia Supreme Court Action No. S100409. The Court of Appeal gave the logging company the right to appeal the injunction restraining logging activity based on inadequate Crown consultation. It granted leave to appeal the orders of the Chambers Judge, limited to the issue of whether by granting and refusing to grant the injunctions that she did, the Chambers Judge erred in law by permitting an impermissible collateral attack on CP- 324, and allowing the Kelah respondents to circumvent the procedure for consultation and if necessary, accommodation of the First Nation interests as mandated by the decision of the Supreme Court of Canada in Haida Nation.