Last week the BC Supreme Court provided reasons for judgment following its decision to dismiss the City of Burnaby’s Injunction Application on September 17th 2014. The City of Burnaby sought an injunction to prevent Trans Mountain from continuing the necessary geotechnical and survey studies in Burnaby. In her reasons, the Hon. Justice Brown stated as follows:

  • I have doubt in this case that there is a serious question to be tried because there is another forum [the NEB] in which the matter before me can be determined. Indeed … Burnaby has already engaged that forum and can raise this very question before that forum;
  • I am not persuaded that felling the limited number of trees that Trans Mountain has felled and proposes to fell within a relatively small area of the Burnaby Mountain Conservation Area would constitute irreparable harm. Moreover, as Trans Mountain submitted and the Act provides in s. 75, Trans Mountain is required to remediate any damage that it causes to the area. I am not satisfied that the investigations to be conducted by Trans Mountain constitute irreparable harm;
  • Trans Mountain says that it will remediate the area, as it is required to do under the [NEB] Act and, in fact, it will improve the area by planting better trees than the alder that it removed;
  • I am satisfied that were this court to issue the order sought by Burnaby, there would be a delay, in all likelihood a significant delay, that would cause prejudice to Trans Mountain; and,
  • In my view, it is not appropriate to issue the injunction sought by Burnaby. The Matter is properly before the NEB. Burnaby has the ability to pursue the relief that it seeks in that proceeding and, indeed has done so. In the event that the NEB reaches conclusions that Burnaby considers to be in error, Burnaby may pursue an appeal to the Federal Court and may seek an injection or a stay at that Court. Accordingly, this Court need not grant an injunction.

Trans Mountain respects this decision and on September 26th filed a Notice of Constitutional Question with the NEB as well as an amended Notice of Motion for an Order compelling Burnaby to allow Trans Mountain to complete the necessary geotechnical and survey studies in Burnaby.

See the full reasons for judgment here.

Learn more about our work to assess the proposed pipeline corridor in Burnaby here.