Taseko Mines Ltd. v. Phillips et al., [2011] B.C.T.C. Uned. 1675
| Jurisdiction | British Columbia |
| Judge | Grauer, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Subject Matter | INJUNCTIONS |
| Date | 02 December 2011 |
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28 practice notes
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West Moberly First Nations v. British Columbia, 2018 BCSC 1835
...rights. [280] West Moberly relies in this regard on, among other things, the decision of Grauer J. in Taseko Mines Limited v. Philips, 2011 BCSC 1675, at para. 65, where he noted that in an area that has already been affected by industrial activity, every additional incursion matters all th......
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Issues associated with the implementation of the duty to consult and accommodate aboriginal peoples: threatening the goals of reconciliation and meaningful consultation.
...to CELR]; Wii'litswx v British Columbia (Minister of Forests), 2008 BCSC 1139, [2008] 4 CLNR 315 [Wii'litswx]; Taseko Mines v Phillips, 2011 BCSC 1675, [2012] 3 CNLR 298 [Taseko (35) Newman, Duty to Consult, supra note 18 at 61. (36) See Hupacasath, supra note 33 at paras 321-25. (37) See D......
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Dene Tha' First Nation v. British Columbia (Minister of Energy and Mines) et al., [2013] B.C.T.C. Uned. 977
...Nation v. British Columbia (Environment) , 2011 BCSC 945. The problem is akin to what I described in Taseko Mines Limited v. Phillips , 2011 BCSC 1675 at para. 65, in the context of weighing the balance of convenience in an application for an interlocutory injunction temporarily restraining......
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2023 BCSC 990,
...applicant of that obligation: Rule 10–4(5) of the Supreme Court Civil Rules, B.C. Reg. 168/2009; Taseko Mines Limited v. Phillips, 2011 BCSC 1675 at para. 69. While this Court might have relieved the petitioner of this obligation were the injunction to have been granted, it is unnece......
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21 cases
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West Moberly First Nations v. British Columbia, 2018 BCSC 1835
...rights. [280] West Moberly relies in this regard on, among other things, the decision of Grauer J. in Taseko Mines Limited v. Philips, 2011 BCSC 1675, at para. 65, where he noted that in an area that has already been affected by industrial activity, every additional incursion matters all th......
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Dene Tha' First Nation v. British Columbia (Minister of Energy and Mines) et al., [2013] B.C.T.C. Uned. 977
...Nation v. British Columbia (Environment) , 2011 BCSC 945. The problem is akin to what I described in Taseko Mines Limited v. Phillips , 2011 BCSC 1675 at para. 65, in the context of weighing the balance of convenience in an application for an interlocutory injunction temporarily restraining......
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William v. British Columbia, 2018 BCSC 1425
...Justice Grauer on December 2, 2011, an injunction was granted restraining TML’s activities for 90 days: Taseko Mines Limited v. Phillips, 2011 BCSC 1675. In 2012, the petitioners reached a settlement with TML and the Province that allowed this exploratory work to proceed but with revised co......
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2023 BCSC 990,
...applicant of that obligation: Rule 10–4(5) of the Supreme Court Civil Rules, B.C. Reg. 168/2009; Taseko Mines Limited v. Phillips, 2011 BCSC 1675 at para. 69. While this Court might have relieved the petitioner of this obligation were the injunction to have been granted, it is unnece......
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5 firm's commentaries
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The Supreme Court Of British Columbia Rules On An Interlocutory Injunction Relating To Industrial Activities On A First Nation's Traditional Territory
...1 S.C.R. 311; B.C. (A.G.) v. Wale (1986), 9 B.C.L.R. (2d) 333 at 345 (C.A.) aff'd [1991] 1 S.C.R. 62; Taseko Mines Limited v. Philips, 2011 BCSC 1675. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your spec......
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What The October 2018 Decision On The Site C Dam Means For The 'Taking-Up' Clause In First Nations Treaties
...i.e. risk of irreparable harm if an injunction is not granted. The Court relied on the decision in Taseko Mines Ltd. v Phillips 2011 BCSC 1675 at par. 65 that in an area already affected by industrial activity, every additional incursion matters all the The 3rd requirement though, proved to......
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New Mining Regulations To Resolve Disputes In Aboriginal Consultation
...Gold Resources Corp. from further exploratory activity pending additional consultation. Further, in Taseko Mines Limited v. Phillips, 2011 BCSC 1675 (December 2, 2011), the B.C. Supreme Court enjoined Taseko from undertaking exploratory work and clearing timber – activities otherwise permit......
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Supreme Court Of British Columbia Issues Injunction Restraining Exploration Activities Authorized By Provincial Permits
...Leave to appeal to the Supreme Court of Canada has been sought in the West Moberly case. Footnotes Taseko Mines Limited v. Phillips, 2011 BCSC 1675. Tsilhqot'in Nation v. British Columbia, 2007 BCSC 2010 SCC 43. 2011 BCCA 247. Ibid, at paragraph 116, per Finch, C.J. Taseko at paragraphs 65-......
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2 books & journal articles
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Issues associated with the implementation of the duty to consult and accommodate aboriginal peoples: threatening the goals of reconciliation and meaningful consultation.
...to CELR]; Wii'litswx v British Columbia (Minister of Forests), 2008 BCSC 1139, [2008] 4 CLNR 315 [Wii'litswx]; Taseko Mines v Phillips, 2011 BCSC 1675, [2012] 3 CNLR 298 [Taseko (35) Newman, Duty to Consult, supra note 18 at 61. (36) See Hupacasath, supra note 33 at paras 321-25. (37) See D......
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Our Land, Our Way: The Rule of Law, Injunctions, and Indigenous Self-Governance.
...also Trans Mountain Pipeline ULC v Gold, 2014 BCSC 2133. (105) Williams et al, supra note 99 at 299. (106) Taseko Mines Ltd v Phillips, 2011 BCSC 1675 at para 66. (107) Ibid at para 59-60. (108) Williams et al, supra note 99 at 301. (109) Behn, supra note 56 at para 42 [emphasis added]. (11......