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ARTICLE · 05 NOVEMBER 2015

No Damages For First Nations Blockade

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Moulton sued the Province for losses suffered as a result of a blockade on Moulton's logging access road.

CanadaGovernment, Public Sector
David Wahl
David Wahl
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Supreme Court of Canada Denies Leave to Appeal in Moulton Contracting Ltd.

The Supreme Court of Canada recently denied leave to appeal in Moulton Contracting Ltd. v British Columbia, confirming the BC Court of Appeal's decision (2015 BCCA 89) overturning an award of $1.75 million in damages against the Province of BC for failing to inform Moulton Contracting Ltd. of the complaints of certain members of the Fort Nelson First Nation (FNFN) regarding two Timber Sales Licenses granted by BC to Moulton.

Moulton sued the Province for losses suffered as a result of a blockade on Moulton's logging access road. The BC Supreme Court found the Province liable for failing to inform Moulton of the threat against its logging operations by an individual member of the FNFN based upon breach of an alleged implied term in the Licenses and negligent misrepresentation.

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