Actton Super-Save Gas Stations Ltd. v. Eneas
Actton Super-Save Gas Stations Ltd.
Law Firm / Organization
Bojm, Funt & Gibbons LLP
Lawyer(s)

Malcolm Funt

Adam Eneas
Sandi Detjen

Background: Adam Eneas, a band member, originally operated a gas station on reserve land. Nearly 30 years ago, a lease was purportedly established with Actton Super-Save for operating the station, though no official lease was approved by the Minister under the Indian Act. This type of arrangement is termed a "buckshee lease," which is generally considered unenforceable. In early 2024, the defendants viewed the relationship as disadvantageous and demanded vacant possession from Super Save, leading Super Save to seek a court injunction to continue their operations until a trial could determine the breach of agreement.

Legal Issues: The core issue was whether the court could order ongoing occupation of reserve land to a non-member of a band (the plaintiff), under a lease that was not approved as per the Indian Act regulations.

Held: The application by Super Save for an injunction was dismissed. The court declared that any continued occupation by Super Save would be considered trespassing under section 30 of the Indian Act.

Costs and Awards: The defendants were deemed successful in their application, and thus entitled to costs of the application, unless contested by the parties. Financial terms were not specified.

Supreme Court of British Columbia
S241054
Real estate
Defendant