Hudson Bay Mining & Smelting Co. v. Dumas

摘要

Natural resources-Mines and minerals - Remedies - Miscellaneous-Defendant First Nation disputed right of plaintiff mining company to conduct certain mining operations because it said it was not consulted and had not consented to them - On two occasions, protestors peacefully protested on access road for certain project of plaintiff ("L project") - Unrestricted access for L project was interrupted during each protest - Plaintiff sued and moved for interlocutory injunction to prevent interference with its access rights for L project and other disputed operation of plaintiff ("R project") - Motion judge found that protests included unlawful blockades, and he granted plaintiff injunction preventing blockading of L and R projects - Defendants appealed - Appeal allowed in part - There was no basis to interfere with decision to grant injunction, save it encompassing R project - That location was never blockaded - All that occurred was plaintiff received written demand to stop work there - Based on s. 57( 1) of Court of Queen's Bench Act, such communication could not be reason alone to issue injunction for that location - All reference to R project was struck from order without prejudice to plaintiff to seek injunction in relation to R project in future, should circumstances warrant.