Case ID

TBD

Citation

2018 BCSC 1629

Court / Tribunal

Superior Court / Supreme Court (trial level)

Province / Territory

British Columbia

Decision Year

2019

Holding/Outcome

Interlocutory injunction granted, case to be litigated further.

Applicants

City of Nanaimo

Case Summary

Statutory injunction sought in order to clear tent city owned by City and leased to a third party. Encampment was initially self-governed, but became less orderly as it grew. Crime and fire safety concerns most relevant in this regard. Judge refused to grant a final order in this summary proceeding, owing to the potential Charter issues with such an order. Instead, an interlocutory injunction was granted to clear the encampment pending trial.

Encampment Location Type

Vacant lot

Land Owner

Municipal government

Shelter Availability

Not enough / inaccessible

Injunction Requested?

Yes

Injunction Outcome

Granted (modified / partial)

Municipal By-law/Statutory Provision

Trespass Act

Section 7 Considered?

Yes

Section 15 Considered?

Yes

Section 2 Considered?

Yes

Administrative Law considered?

Not discussed

Interveners

N/A

Remedy / Court Order

Partial

Appeal / Current Status

Final

Key Legal Issues

Interlocutory injunctions, Balance of Covnenience, Charter ss. 2(b), 7, 15

Judicial Trend

No Change

Notes

Justice Skolrood explicitly considered expanding Adams, and decided not to owing to the summary nature of the proceedings.

Injunction Order was varied slightly afterwards. Most notably, More time was given to clear out the encampment, and occupants who sought to transition to alternative housing were given a route to remain on the property for a month longer.