Judgments
Kevin Smith Represent Environmentalists at BC Court of Appeal
On October 7, 2021, the BC Court of Appeal handed down its decision in Force of Nature Society v. City of Surrey, ruling in favour of an environmental not-for-profit and two individuals who were challenging a resolution by the Surrey City Council to approve a highway extension through Bear Creek Park. The environmentalists, represented by Farris litigator Kevin Smith, successfully obtained an interim injunction in the BC Supreme Court on July 30, 2021 (Force of Nature Society v. Surrey (City) 2021 BCSC 1556), which was extended by the court following a full day of argument on August 19, 2021 pending the determination of the environmentalists’ claim by the BC Supreme Court (Force of Nature Society v. Surrey (City) 2021 BCSC 1676). On appeal, Chief Justice Bauman gave judgment on behalf of the Court upholding the interlocutory injunction and dismissing Surrey’s attempt to set it aside (Force of Nature Society v. Surrey (City) 2021 BCCA 394).