Kathleen Code, et al. v. Teal Cedar Products Ltd., et al.
(British Columbia) (Civil) (By Leave)
Equity - Relief, Injunctions - Equity — Relief — Injunctions — Conception of public interest when determining if balance of convenience favours extending injunction that prohibits interference with use of roads, road construction or timber harvesting and authorizes arrest and removal to enforce injunction — Whether court is precluded from looking at considerations beyond interests of the private parties if injunction is sought to enjoin civil disobedience?.
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Teal Cedar Products Ltd., a logging company, obtained an interlocutory injunction that prohibits protestors opposing its logging in an area of Vancouver Island from interfering with its use of roads, road construction, or timber harvesting and authorizing police to arrest and remove persons to enforce the injunction. The injunction was to expire in 2021.Teal Cedar Products Ltd. applied to extend it for 12 months. The Royal Canadian Mounted Police applied to amend the terms of the injunction and protestors applied for other relief. The British Columbia Supreme Court dismissed all applications. The Court of Appeal allowed an appeal by Teal Cedar Products Ltd. and extended the injunction to September 26, 2022.
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