What is the effect of an interim order to stop the sale of a property to a First Nation in B.C. for consultation and accommodation?
British Columbia, Canada
The following excerpt is from Hupacasath First Nation v. British Columbia (Minister of Forests) et al., 2005 BCSC 1712 (CanLII):
The petitioners applied for an order enjoining the completion of the sale pending consultation and accommodation. Madam Justice Ross refused that application on March 11, 2005 (Hupacasath First Nation v. British Columbia (Minister of Forests), [2005] 2 C.N.L.R. 138, 2005 BCSC 345), finding that although there was a triable issue and the potential for irreparable harm, the balance of convenience did not favour granting interim relief.
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