The Court of Appeal has upheld the injunction preventing the majority of the work to continue near Bear Creek Park.
The City of Surrey was appealing the injunction that was granted on Aug. 23 that stopped almost all work on the 84 Avenue extension that skirts Bear Creek Park. The city was still allowed to continue certain limited work around King Creek — including preloading soil and installing a temporary culvert — and to continue to use the temporary access trail to get to the King Creek work site.
On Thursday (Oct. 7) the court upheld the injunction following a hearing the morning of Oct. 5.
Sebastian Sajda, president of Force of Nature Society, said the city argued the injunction was too broad.
“They said the original injunction that we got was sort of beyond the scope of what the court was sort of allowed to grant,” added Sajda, who is also running as a council candidate with the Surrey Connect slate in the October 2022 election.
The Now-Leader requested comment from the City of Surrey, but it said it won’t comment during litigation.
This ruling came exactly one week before a hearing begins at B.C. Supreme Court.
“Really, if they won today,” said Sajda following the ruling on Oct. 7, “they would’ve just sped things up by a couple of days on their end.”
The Force of Nature Society, Sajda and Annie Kaps filed a petition with the B.C. Supreme Court against the City of Surrey in July asking the court to declare as parkland properties impacted by the 84th Avenue project.
The petition to the court states that “This is a matter which engages the interests of all Surrey resident, based on the high importance of Bear Creek Park to municipal life in the City of Surrey, as well as the interest of all citizens in ensuring that municipal government acts in accordance with the law.”
They argue that the proposed road extension will have “significant and irreversible impacts on Bear Creek Park, including environmental harm.”
That petition will be heard by B.C. Supreme Court in a two-day hearing on Oct. 14 and 15.
– With files from Tom Zytaruk