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
Land Owner
Shelter Availability
Injunction Requested?
Injunction Outcome
Municipal By-law/Statutory Provision
Section 7 Considered?
Section 15 Considered?
Section 2 Considered?
Administrative Law considered?
Interveners
Remedy / Court Order
Appeal / Current Status
Final
Key Legal Issues
Interlocutory injunctions, Balance of Covnenience, Charter ss. 2(b), 7, 15
Decision Link
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.
