This case was heard in the Supreme Court of Newfoundland and Labrador (Trial Division).
The Nunatukavut Community Council (“NCC”) initiated legal proceedings against various parties who were involved in the development of hydroelectricity projects at Muskrat Falls and Gull Island, alleging that the parties had breached their duty to consult with the NCC. As the federal and provincial governments were moving forward with public hearings at the time the legal proceedings were initiated, the NCC applied for an injunction that would stop the public hearings until the Court had considered the NCC’s claim.
In order for the Court to grant the injunction, the NCC had to prove that it would suffer irreparable harm if the public hearings were allowed to continue. The Court held that the NCC had failed to prove that it would suffer such harm, and so the NCC’s application for an injunction was denied.
To read related decisions, go to:
Nalcor Energy v. Nunatukavut Community Council Inc., 2012 CanLII 61265 (NL SCTD)
Nalcor Energy v. NunatuKavut Community Council Inc., 2012 CanLII 73234 (NL SCTD)
NunatuKavut Community Council Inc. v. Nalcor Energy, 2014 NLCA 46 (CanLII)