Burnaby (City) v. Trans Mountain Pipeline ULC et al., (2015) 370 B.C.A.C. 51 (CA)

JudgeDonald, D. Smith and Groberman, JJ.A.
CourtCourt of Appeal (British Columbia)
Case DateFebruary 13, 2015
JurisdictionBritish Columbia
Citations(2015), 370 B.C.A.C. 51 (CA);2015 BCCA 78

Burnaby v. Trans Mountain Pipeline (2015), 370 B.C.A.C. 51 (CA);

    635 W.A.C. 51

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. MR.015

City of Burnaby (appellant/plaintiff) v. Trans Mountain Pipeline ULC (respondent/defendant) and The National Energy Board (respondent/defendant)

(CA042220; 2015 BCCA 78)

Indexed As: Burnaby (City) v. Trans Mountain Pipeline ULC et al.

British Columbia Court of Appeal

Donald, D. Smith and Groberman, JJ.A.

February 13, 2015.

Summary:

The City of Burnaby sought leave to appeal the order of a Supreme Court judge, denying its application to enjoin the employees and agents of Trans Mountain Pipeline ULC from carrying on work in Burnaby that contravened the City's bylaws.

The British Columbia Court of Appeal, per Neilson, J.A., dismissed the application. See 364 B.C.A.C. 63; 625 W.A.C. 63. The rule against collateral attack foreclosed consideration of the merits of an appeal in this court as the issues in question had been dealt with by a binding and conclusive order of the National Energy Board. Only the Federal Court of Appeal could nullify or reverse that order. To permit Burnaby to bring an appeal in this court would unquestionably and unjustifiably intrude on that proceeding and constitute an abuse of process. Burnaby applied under s. 9(6) of the Court of Appeal Act to vary Neilson, J.A.'s order.

The British Columbia Court of Appeal dismissed the appeal.

Courts - Topic 2286

Jurisdiction - Bars - Academic matters or moot issues - See paragraphs 1 to 13.

Practice - Topic 5782

Judgments and orders - Interlocutory or interim orders or judgments - Appeals - See paragraphs 1 to 13.

Practice - Topic 8877

Appeals - Leave to appeal - Grounds for refusal to grant leave - See paragraphs 1 to 13.

Cases Noticed:

Haldorson et al. v. Coquitlam (City) (2000), 149 B.C.A.C. 197; 244 W.A.C. 197; 3 C.P.C.(5th) 225; 2000 BCCA 672, appld. [para. 3].

Counsel:

G.J. McDade, Q.C., and M.L. Bradley, for the appellant;

W.C. Kaplan, Q.C., and M.P. Good, for the respondent.

This application was heard at Vancouver, B.C., on February 13, 2015, by Donald, D. Smith and Groberman, JJ.A., of the British Columbia Court of Appeal. Donald, J.A., delivered the following oral decision for the court on the same date.

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2 practice notes
  • Burnaby (City) v. Trans Mountain Pipeline ULC, 2017 BCCA 132
    • Canada
    • Court of Appeal (British Columbia)
    • 27 Marzo 2017
    ...order. [36] Burnaby pressed on and asked a three member division of the Court of Appeal to vary the order of Neilson J.A. As reported at 2015 BCCA 78, the Court of Appeal dismissed the application to vary on February 13, 2015. By then, it will be recalled, the Federal Court of Appeal had de......
  • Radiology Associates of Regina Medical PC Inc. v. Sun Country Regional Health Authority, (2016) 480 Sask.R. 1 (CA)
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • 21 Abril 2016
    ...expired before her application could be heard. The Court declared the matter moot. (g) Burnaby (City) v Trans Mountain Pipeline ULC , 2015 BCCA 78, 370 BCAC 51 [ Burnaby ] In parallel litigation in the superior courts in British Columbia and before the National Energy Board and the Federal ......
2 cases
  • Burnaby (City) v. Trans Mountain Pipeline ULC, 2017 BCCA 132
    • Canada
    • Court of Appeal (British Columbia)
    • 27 Marzo 2017
    ...order. [36] Burnaby pressed on and asked a three member division of the Court of Appeal to vary the order of Neilson J.A. As reported at 2015 BCCA 78, the Court of Appeal dismissed the application to vary on February 13, 2015. By then, it will be recalled, the Federal Court of Appeal had de......
  • Radiology Associates of Regina Medical PC Inc. v. Sun Country Regional Health Authority, (2016) 480 Sask.R. 1 (CA)
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • 21 Abril 2016
    ...expired before her application could be heard. The Court declared the matter moot. (g) Burnaby (City) v Trans Mountain Pipeline ULC , 2015 BCCA 78, 370 BCAC 51 [ Burnaby ] In parallel litigation in the superior courts in British Columbia and before the National Energy Board and the Federal ......

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