The Applicants, representing the Lake St Martin First Nation, sought an interlocutory injunction to stay a decision terminating Red Cross evacuee benefits for flood evacuees pending a judicial review.
The Court characterized the injunction as prohibitory because it sought to maintain the status quo of receiving benefits.
The Court found there was a serious issue to be tried but concluded the Applicants failed to provide clear and non-speculative evidence of irreparable harm, specifically that evacuees would be rendered homeless due to a lack of available housing on the reserve.
The motion for an interlocutory injunction was dismissed.
