NB v Tomah, 2004 NBQB 334

This case was heard in the New Brunswick Court of Queen’s Bench, Trial division.

The Province of New Brunswick was transferred administrative control over a portion of land that crossed lands that were held for the benefit of Woodstock First Nation. Members of the community had told contractors working for the provincial government that they had to leave, and they also told them any equipment left behind would be seized or destroyed. The contractors refused to keep working, and so the provincial government applied for an injunction to prevent the community members from interfering with the work. The injunction was granted.

In this motion, the provincial government sought to extend the injunction that had already been granted. The Court followed earlier judicial decisions to assess whether continued injunctive relief was appropriate under the circumstances, and it held that the injunction should continue.

View the Decision on CanLII: www.canlii.org/en/nb/nbqb/doc/2004/2004nbqb334/2004nbqb334.html

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