The BC Court of Appeal has issued its decision in Force of Nature Society v. City of Surrey, ruling in favour of an environmental not-for-profit and two individuals who are challenging a resolution by the Surrey City Council to approve a highway extension through Bear Creek Park. The environmentalists, represented by Farris litigators Kevin Smith and Catherine George, 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.
The case continued, with a two-day hearing scheduled on October 14-15 in the BC Supreme Court on the issue raised in the petition, namely whether or not Surrey’s Council had the ability, as a matter of law, to pass a resolution which authorized building the proposed highway over land which the petitioners argue is protected as park land. The written reasons for indexes as Force of Nature Society v. Surrey (City) are available here.