The moving party, a mining exploration company, sought leave to appeal an interlocutory injunction that restrained it from engaging in mineral exploration activities on lands subject to asserted treaty and Aboriginal rights of the responding First Nation.
The motion judge had granted the injunction based on the Crown's failure to consult and accommodate, finding that the operational aspects of the duty to consult had been delegated to the mining company.
The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the motion judge's decision that the company had a delegated duty to consult and that an injunction could be issued against a third party based on the Crown's failure to consult.
