By Jennifer Moreau, Burnaby Now
The British Columbia Supreme Court has rejected the City of Burnaby’s request for a temporary injunction to stop Kinder Morgan’s survey work on Burnaby Mountain.
Madam Justice Brenda Brown issued her decision in the morning September 17, but her reasons won’t be released until the following week.
“She has declined to order the injunction, that’s all she said, she hasn’t said why,” said Gregory McDade, the city’s lawyer. “We are disappointed. We do believe this belongs in B.C. Supreme Court and not before the National Energy Board.”
The city has argued Kinder Morgan broke a local bylaw by cutting trees in a city park, while the company believes it has the right to do the work, based on the National Energy Board Act. Burnaby was seeking two injunctions - one temporary and one permanent - to stop the company from further cutting in the conservation area.
Brown’s decision only affects the request for a temporary injunction, which was meant to stop the company’s work, while the court dealt with the larger issue at play: Can the federal government override local bylaws?
“No one has declared the bylaws invalid,” McDade added. “This now refocuses attention on the NEB.”
Mayor Derek Corrigan was not immediately available for comment on the city’s next move.
Burnaby Now
