Lawyers for Peninsula Logging Ltd. and Elphinstone Logging Focus (ELF) were back in court Oct. 5 for a hearing on the company’s application for a new injunction against protesters blocking its operations on Mount Elphinstone.
There were more than a dozen arrests between Sept. 9 and Sept. 27 when a judge ruled against extending an interim injunction granted in late August.
In its latest application, the company claims work at cutblock A87125 has been disrupted every working day since Sept. 8, and that demonstrators have: blocked the logging road or piled logs and debris across it, impeded the movement of equipment and vehicles, been inside the cutting area, chained or locked themselves to logging equipment, and sabotaged or interfered with equipment.
The company also claims the ongoing protest means it “is now behind schedule and other business obligations are in danger of being compromised.”
ELF’s response calls the company’s estimate of losses amounting to $6,500 a day “speculative” and argues it doesn’t meet “the appropriate common-law standard of irreparable harm.”
Earlier this week ELF released a copy of an offer made to Peninsula Logging through its lawyer. “It is apparent there is significant public opposition to the work sought to be completed by your client under BC timber sale licence A87125,” the letter says. “The legal proceedings and involvement of the RCMP have divided the community. None of this serves ELF or Peninsula Logging well.”
The offer itself reads:
“1. ELF will formally request that all of its members and all other persons immediately vacate the area designated by TSL A87125 and its surrounding area;
“2. Peninsula will be permitted to collect and haul away all trees already fallen within the area designated by TSL A87125, without interference by any members of ELF;
“3. Peninsula will agree to cut no additional trees within the area designated by TSL A87125 and to preserve the remaining trees and habitat within that area; and
“4. ELF and Peninsula will agree to a consent dismissal of the action, with each party bearing its own costs.”
As of Coast Reporter’s deadline there had been no decision from the judge hearing the injunction application, and no word on whether the company had accepted ELF’s offer.
Sunshine Coast RCMP said there had not been any new arrests or notable incidents since ELF reestablished their protection camp. Meanwhile, those arrested for violating the original interim injunction are due to appear in court in Vancouver on Oct. 12.
