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| Judge grants company injunction, rejects demonstrators' claims |
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| Judge reserves decision in Eagleridge dispute |
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| Eagleridge Bluffs battle ends up in court |
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In oral reasons for judgment pronounced today, Mr. Justice Grist has granted an injunction to Peter Kiewit Sons Co. to retrain demonstrators from physically obstructing their planned construction activities at Eagleridge Bluffs. He dismissed an application for an injunction sought by members of the Eagleridge Bluffs & Wetlands Preservation Society in a claim that alleged that the contractor hadn't satisfied the preconditions to commencing construction.
We have instructions to apply for leave to appeal to the Court of Appeal and to seek a stay pending the appeal. The applications will be heard by the Court of Appeal on Tuesday, May 30, 2006.
UPDATE: On May 24, 2006, Grist J. granted an "enforcement order' authorizing the police to do what they already had the power to do-arrest alleged violators of the injunction order. On May 25, 2006, West Vancouver police arrested 23 people and released them on their promises to appear in BC Supreme Court on June 9, 2006. Nobody has been charged with an offence, however. The arrestees will attend to see what, if anything, the BC Attorney General and the Court decide to do with them.
Read the reasons for judgment:upload
After hearing 6 1/2 days of submissions triggered by an application for an injunction to restrain people from demonstrating at Eagleridge Bluffs, Mr. Justice William Grist has reserved judgment in the case.
He is expected to deliver his decision at 12:00 noon on Monday, May 15, 2006 at the Law Courts, 800 Smithe Street, Vancouver, BC.
For more on the background to this case, please go to www.eagleridge.ca
Opponents of the B.C. Government's plan to build a multiple lane highway through the unique ecosystems above Horseshoe Bay have squared off in B.C. Supreme Court against the government, the P3 partnership and the construction contractor.
The court proceedings were triggered by the contractor's legal action against Dennis Perry, Bruce McArthur, John Doe and Jane Doe. The contractor, Peter Kiewit Sons Co., is seeking an injunction against all those who have been camped out in the area of the Bluffs in a peaceful demonstration designed to express their opposition to the government's plan. The demonstrators' non-profit society has responded with a legal action of its own alleging that environmental considerations have not been adequately taken into account. It too seeks an injunction, to shut down the work until all applicable environmental protection rules have been followed.
Mr. Justice William Grist has heard from lawyers for both sides on May 4, 5, 8, 9, 10 and 11th, 2006. The hearing continues at 10:00 a.m. on Friday, May 12th with more legal argument.
For more, please go to www.eagleridgebluffs.ca
