SWN Resources Canada Inc v Claire, 2013 NBQB 346

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

In two previous decisions, an interlocutory injunction was granted and then extended, prohibiting protestors from disrupting the oil and gas exploration being done by the applicant, SWN Resources Canada Inc., at one of its compounds.

In this decision, the Court determined whether the Government of New Brunswick should be granted Intervenor status so that it could participate in the proceeding. The Court also determined whether the injunction should continue.

On the first issue, the Court held that the provincial government could intervene because this case pertained to areas of public interest such as public roads, the duty to consult owed by government towards First Nations, and the fact that the Applicant’s exploration work relied on permissions granted to them by the provincial government.

On the second issue, the Court held that the injunction could not be continued because the situation that had warranted the injunction no longer existed, as the Applicant had ceased work at the compound in question.  

View the Decision on CanLII: www.canlii.org/en/nb/nbqb/doc/2013/2013nbqb346/2013nbqb346.html

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