Canadian Parks and Wilderness Society v. Canada ( Superintendent of Banff National Park )
T-2505-93
Strayer J.
12/11/93
13 pp.
Application for interim order setting aside decision to issue timber cutting permit and to prohibit Superintendent of Banff National Park or Parks Canada from issuing new timber cutting permit or from extending existing permit or issuing further permits or approvals for development of Goat's Eye ski area pending final disposition of proceedings based on originating notice of motion -- Long-term lease entered into in 1981 between Parks Canada and Sunshine Village Corporation (SVC) as lessee and operator of Sunshine ski area of Banff National Park -- SVC submitting long range development plan with many components including further ski lifts, parking, additional hotel rooms and staff accommodation, etc. -- Parks Canada ruling environmental impacts from proposed development of Goat's Eye Mountain at Sunshine Village either insignificant or mitigable with known technology under Guidelines Order, s. 12(c)-Whether Parks Canada could treat individual components of execution of long range development plan as separate "proposal" within meaning of Guidelines Order -- Principles applicable to interlocutory injunctions should be applied herein -- Applicant's case raising serious issue -- No irreparable harm to applicant or "public interest" if cutting proceeds in accordance with existing permit and construction agreement -- Evidence as to irreparable harm must be clear and not speculative -- Respondent SVC will suffer significant financial losses if work now interrupted-Where asked, even by public interest litigant with recognized standing, to grant interlocutory injunction before trial of substantive issue, Court must apply same criteria in exercise of discretion to grant remedy as if applicant for injunction ordinary litigant -- Criteria including question of undertaking to compensate respondent for potential losses should injunction be granted and later found not justified -- Applicant failing to provide undertaking with application -- Status quo better maintained by declining to interfere with completion of current cutting programme -- Application dismissed -- Applicant to pay costs of SVC -- Environmental Assessment and Review Process Guidelines Order, SOR/84-467, s. 12(c).