The Force of Nature Society is celebrating after a B.C. Supreme Court justice granted an interlocutory injunction on the 84 Avenue extension that skirts Surrey’s Bear Creek Park.
On Monday (Aug. 23), according to a release from the society, Justice Heather MacNaughton issued the injunction following an all-day hearing on Aug. 19 where she issued an interim injunction until her decision.
“At this point in the process, we’re quite happy with how the court has decided this issue,” said Sebastian Sajda, president of Force of Nature and an organizer with Friends of Bear Creek Park.
“The court determined that the Petitioners have raised serious questions to be tried. As the court stated in its reasons, ‘the irreparable harm alleged is environmental harm and all users of the public space known as Bear Creek Park, potentially all Surrey residents, and others users, may be affected.’ We’ll continue to observe the site and regularly demonstrate to raise awareness of what the city is trying to do.”
The City of Surrey is permitted to continue certain limited work around King Creek — including preloading soil and installing a temporary culvert — and to continue to use the temporary access trail to get to the King Creek work site, said Sajda, who is also running as a council candidate with the Surrey Connect slate for the October 2022 election.
An interloctory injunction is generally enforceable until the conclusion on the trial.
The Force of Nature Society, Sajda and Annie Kaps filed a petition with the B.C. Supreme Court against the City of Surrey in July asking the court to declare as parkland properties impacted by the 84th Avenue project.
That petition will be heard by B.C. Supreme Court in a two-day hearing on Oct. 14 and 15.
– With files from Tom Zytaruk