On October 22, 2007, after obtaining provincial and regulatory licenses and permits and completing the requisite First Nations consultation process, TELUS Communications Inc. (TELUS) began installing a fibre optic cable along a lake bottom for the purposes of improving its telecommunications service.
Protestors prevented them from completing the installation. TELUS sought an injunction enjoining the protestors from blocking the road.
Applying the test for granting an injunction from Wale, the Supreme Court of British Columbia granted TELUS an interlocutory injunction and an enforcement order allowing the arrest of any person with notice of the order. Fasken was counsel to TELUS Communications with a team that included Kevin O’Callaghan.