Can’t get no Dissatisfaction: BC Court Reverses Award of Damages Against Crown for First Nation Blockade – TDS Law
April 8, 2015
On February 26, 2015 the British Columbia Court of Appeal reversed a $1.75 million damage award granted in 2013 to Moulton Contracting Ltd. against the B.C. Government in respect of losses suffered by Moulton as a result of a road blockade.
Moulton’s claim was the result of a blockade set up by members of the Fort Nelson First Nation that prevented access to harvesting sites granted to Moulton under B.C. Timber Sales Licences. The Province had been warned by members of the First Nation that it would not permit this logging in its traditional territory. After suffering losses as a result of the blockade, Moulton sued the Province, claiming that the Province had breached terms of the Licences that allowed access to the logging sites. Moulton also claimed that the Province had represented that adequate consultation had been completed with the First Nation. Moulton also issued claims against the First Nation.
The trial judge did not accept the argument that the Licences contained an implied warranty from the Province as to rights of access. The trial judge did agree that there was an implied warranty that the Province had properly discharged its duty to consult, but then found that any failure on the part of the Province here did not cause the damages – – – the members of the First Nation would have staged the blockade regardless.
