This case was heard in the Federal Court of Canada.
After the Nova Scotia Department of Natural Resources issued a draft survey on the risks posed by spruce bark beetles in Point Pleasant Park, Halifax, the Canadian Food Inspection Agency issued a Notice to Dispose that called for the felling and incineration of roughly 14% of the trees in Point Pleasant Park. A number of concerned citizens and a group known as the Friends of Point Pleasant Park applied for an interlocutory injunction that would stop the cutting from moving forward until an application for judicial review had been considered by the Court.
The Court determined that although Friends of Point Pleasant Park did not have standing to bring the application for injunction, two of the individual applicants did. It then considered whether the applicants had demonstrated that there was a serious issue to be tried, that they would suffer irreparable harm if the injunction was not granted, and that the balance of convenience lay in their favour. The Court held that the applicants met all three requirements, and it granted the injunction that they sought.
To read a related decision, go to Friends of Point Pleasant Park v. Canada (Attorney General), 2000 CanLII 16708 (FC).