Burns Bog Conservation Society v. Canada (Attorney General) et al. 2012 FC 1024
Practice - Judgments and orders - Summary judgments - Jurisdiction or when available or when appropriate
Two municipalities and the Province of British Columbia, the owners of Burns Bog, one of the largest peat bogs in the world, entered into conservation and management agreements with the federal government respecting the bog. Thereafter, the federal government and the British Columbia agreed to build the South Fraser Perimeter Road which was to run adjacent to Burns Bog. The Burns Bog Conservation Society, a non-profit society dedicated to preserving the bog and raising public awareness of its ecological significance, filed a statement of claim compelling the defendants (collectively Canada) to protect Burns Bog. The defendants moved for summary judgment on the ground that there was no legal basis for the Society’s claim.
The Federal Court granted the defendant’s motion for summary judgment and dismissed the Society’s claim.