Thomas v. Rio Tinto Alcan Inc., 2013 BCSC 2303

Thomas v. Rio Tinto Alcan Inc., 2013 BCSC 2303

In this decision, the British Columbia Supreme Court struck an action for injunctive relief brought by two First Nations against Rio Tinto Alcan (Rio Tinto). The First Nations had advanced claims in private nuisance and breach of riparian rights. In striking the claims, the Court held that they had no reasonable chance of success because:

1. in order to succeed on their claim in nuisance, the First Nations needed a proven interest in land and not merely an asserted, but unproven, claim to aboriginal rights and title; and

2. the First Nations' interests in Reserve lands did not confer on the First Nations sufficient riparian or property rights to support a claim in nuisance or breach of riparian rights.