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ARTICLE · 27 MARCH 2012

"Taseko Mines Limited v. Phillips", 2011 BCSC 1675

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In this case, the B.C. Supreme Court issued an injunction restraining Taseko Mines Limited (Taseko Mines) from continuing its exploration activities at Prosperity Mine, a potential billion-dollar, open-pit gold and copper mine, while the Tsilhqot'in Nation and the Xeni Gwet'in First Nation Government pursued judicial review of the Ministry of Energy and Mines decisions to grant permits allowing Taseko Mines to undertake exploratory work and clear timber.

CanadaEnergy and Natural Resources
Mining Prospects
Mining Prospects
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In this case, the B.C. Supreme Court issued an injunction restraining Taseko Mines Limited (Taseko Mines) from continuing its exploration activities at Prosperity Mine, a potential billion-dollar, open-pit gold and copper mine, while the Tsilhqot'in Nation and the Xeni Gwet'in First Nation Government pursued judicial review of the Ministry of Energy and Mines decisions to grant permits allowing Taseko Mines to undertake exploratory work and clear timber. The basis for the judicial review was the First Nations' claim that the Crown had breached its duty to consult. Of significant interest in this case is that in granting the injunction the Court relieved the First Nations of the usual obligation to provide an undertaking as to damages, should the injunction prove unwarranted at trial.1

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