Fraser-Fort George (Regional District) v. Norlander et al., 2015 BCCA 98

• Judge: Garson, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: January 28, 2015
• Jurisdiction: British Columbia
• Citations: 2015 BCCA 98;(2015), 368 B.C.A.C. 6 (CA)

Fraser-Fort George v. Norlander (2015), 368 B.C.A.C. 6 (CA);

    633 W.A.C. 6

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. MR.029

Regional District Fraser-Fort George (respondent/plaintiff) v. Glen Norlander and Carmen Ottaway (appellants/defendants)

(CA041780; 2015 BCCA 98)

Indexed As: Fraser-Fort George (Regional District) v. Norlander et al.

British Columbia Court of Appeal

Garson, J.A.

January 28, 2015.

Summary:

The plaintiff commenced an action against the defendants and sought declaratory and injunctive relief. A chambers judge granted a statutory injunction pursuant to the Community Charter for breaching a property bylaw. The defendants applied for leave for directions as to whether leave was required to appeal the statutory injunction.

The British Columbia Court of Appeal held that leave was not required. The order made by the chambers judge was a permanent injunction and a statutory final order despite the language used by the chambers judge to the contrary. It was therefore not a limited appeal order.

Practice - Topic 8871.2

Appeals - Leave to appeal - Whether required - See paragraphs 1 to 12.

Cases Noticed:

Sott (A.L.) Financial (Newton) Inc. et al. v. Vancouver City Savings Credit Union (2000), 137 B.C.A.C. 114; 223 W.A.C. 114; 72 B.C.L.R.(3d) 383; 2000 BCCA 143, refd to. [para. 2].

RJR-MacDonald Inc. et Imperial Tobacco Ltd. v. Canada (Procureur général), [1994] 1 S.C.R. 311; 164 N.R. 1, refd to. [para. 7].

Counsel:

J.H. Schenk, for the appellants;

R.A. Bortolin, for the respondent.

This application was heard in Chambers, at Vancouver, British Columbia, on January 28, 2015, by Garson, J.A., of the British Columbia Court of Appeal, who delivered the following oral reasons for judgment on the same date.