The moving party, Men's Fire, sought to be added as a party and to vary an interlocutory injunction that prevented interference with the plaintiff's archaeological assessments on its property.
The court added Men's Fire as a party on consent but dismissed the motion to vary the injunction.
The court found no evidence of an active land claim against the property, no failure by the plaintiff to comply with legislation, and no duty on the private landowner or the municipality to consult with the moving party under the circumstances.
