Trans Mountain Pipeline ULC v. Gold
Injunction - Irreparable harm - Balance of convenience - Trans Mountain Pipeline - Burnaby Mountain protest
The British Columbia Supreme Court released a decision on November 14, 2014 in Trans Mountain Pipeline ULC v. Gold, granting an injunction sought by Trans Mountain Pipeline ULC (the plaintiff) to enable it to complete field tests on Burnaby Mountain. The defendant protestors argued that an injunction to remove protestors from Burnaby Mountain would permit the plaintiff to establish a proprietorial right on the land which would allow them to go beyond what they are entitled to under s. 73 of the National Energy Board Act. However, the Court held that the plaintiff was merely seeking a "limited and temporary" right to enforce the completion of the field tests that had already been authorized by the National Energy Board. The Court noted that ongoing delays in completing the field tests could cause the plaintiff continued costs and damages; there is a relatively minor harm to be incurred from the plaintiff completing the field tests; and the defendant protestors' interests relate to the much bigger issue of developing the pipeline through Burnaby Mountain and that process has yet to be engaged by the plaintiff.