Case information
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40115
Kathleen Code, et al. v. Teal Cedar Products Ltd., et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-10-27 | Close file on Leave | |
| 2022-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-09-29 | Judgment on leave sent to the parties | |
| 2022-09-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA47775, 2022 BCCA 26, dated January 26, 2022, is dismissed with costs to the respondent, Teal Cedar Products Ltd. Dismissed, with costs |
|
| 2022-08-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-13 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-07-06, (Printed version due on 2022-06-20) | Kathleen Code |
| 2022-06-06 | Notice of name, (Letter Form), (Printed version due on 2022-06-13) | British Columbia (Ministry of Forests, Lands, Natural Resource Operations and Rural Development) |
| 2022-06-06 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-06-13) | British Columbia (Ministry of Forests, Lands, Natural Resource Operations and Rural Development) |
| 2022-06-06 | Notice of name, (Letter Form), (Printed version filed on 2022-06-07) | Teal Cedar Products Ltd. |
| 2022-06-06 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-06-07) | Teal Cedar Products Ltd. |
| 2022-06-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-07-06, (Printed version filed on 2022-06-07) | Teal Cedar Products Ltd. |
| 2022-06-06 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-06-29) | Attorney General of Canada |
| 2022-06-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-07-06, (Printed version filed on 2022-06-29) | Attorney General of Canada |
| 2022-06-03 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-07-06, (Printed version due on 2022-06-10) | British Columbia (Ministry of Forests, Lands, Natural Resource Operations and Rural Development) |
| 2022-05-05 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-05-05 | |
| 2022-03-28 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-04-04) | Kathleen Code |
| 2022-03-28 |
Application for leave to appeal, (Book Form), require: -confirmation that retired parties have been served a copy of the notice of application (Rec'd 2022-06-05) -amended cover pages containing an amended style of cause (Rec'd 2022-06-05), Completed on: 2022-07-06, (Printed version filed on 2022-03-28) |
Kathleen Code |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Code, Kathleen | Applicant | Active |
| Toothill, Carole | Applicant | Active |
| Jones, William | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Teal Cedar Products Ltd. | Respondent | Active |
| British Columbia (Ministry of Forests, Lands, Natural Resource Operations and Rural Development) | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Toothill, Carole
Counsel
Charlotte Chamberlain
Caitlin Ohama-Darcus
Julia Riddle
330-1168 Hamilton Street
Vancouver, British Columbia
V6B 2S2
Telephone: (604) 363-7121
Email: mfunt@bfg-law.ca
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Party: Code, Kathleen
Counsel
Charlotte Chamberlain
Caitlin Ohama-Darcus
Julia Riddle
330-1168 Hamilton Street
Vancouver, British Columbia
V6B 2S2
Telephone: (604) 363-7121
Email: mfunt@bfg-law.ca
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Party: Jones, William
Counsel
Charlotte Chamberlain
Caitlin Ohama-Darcus
Julia Riddle
330-1168 Hamilton Street
Vancouver, British Columbia
V6B 2S2
Telephone: (604) 363-7121
Email: mfunt@bfg-law.ca
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Party: Teal Cedar Products Ltd.
Counsel
Alex Hudson
Emily Snow
2800 – 666 Burrard Street
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 643-6369
Email: dean.dalke@dlapiper.com
Party: British Columbia (Ministry of Forests, Lands, Natural Resource Operations and Rural Development)
Counsel
David Cowie
Grace Campbell
PO Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 978-9761
Email: katherine.reilly@gov.bc.ca
Party: Attorney General of Canada
Counsel
Daniel Nunez
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-8966
FAX: (604) 775-5942
Email: tim.timberg@justice.gc.ca
Summary
Keywords
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?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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.
Lower court rulings
Supreme Court of British Columbia
2021 BCSC 1903, S211602
Application to extend an injunction dismissed
Court of Appeal for British Columbia (Vancouver)
2022 BCCA 26, CA47775
Appeal allowed, injunction extended
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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