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

The plaintiff, SWN Resources Canada Inc., conducts geophysical exploration for the oil and gas industry. One of their compounds was continually disrupted by protests so that work could not be competed. SWN Resources sought a temporary injunction against the defendant until a final determination could be made on the case. The court relied upon a three-part legal test established in RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 SCR 311. This test requires the party seeking an interlocutory injunction to demonstrate that there is a serious issue to be tried, that irreparable harm will occur if an injunction is not granted, and that the balance of inconvenience to the parties favors the party seeking the injunction. The applicant successfully met the criteria and the interlocutory injunction was granted, forbidding the defendants from continuing to block SWN Resources' work.

Subsequently, the applicant sought an order to vary the interlocutory injunction in SWN Resources Canada Inc v Claire, 2013 NBQB 342.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/2013/2013nbqb328/2013nbqb328.html

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