Background: Reynold John Bonneau and Mildred Rose Bonneau, Indigenous landholders, contested the Province of British Columbia's unauthorized alteration of their property within the Okanagan Indian Band reserve. The dispute stemmed from a road straightened by the Province in 1964, which bisected their property and altered a creek's course. The Bonneaus sought redress for over 40 years and filed a lawsuit in March 2022 for trespass and breach of fiduciary duty.

Legal Arguments/Issues: The Province initially denied the trespass based on a faulty survey but admitted it after a corrected survey. The Bonneaus sought to amend their civil claim to include a valuation and transfer of the affected Lot 455 under section 24 of the Indian Act. The trial judge allowed some amendments but denied the inclusion of the s. 24 transfer. The Bonneaus appealed this mid-trial ruling, but the Province argued it was not an appealable order and sought to stay the appeal until the final trial judgment.

Court's Decision: The Court of Appeal granted the Province's application to stay the appeal. Justice Fenlon ruled that allowing the appeal would lead to "litigating in slices" and inefficiency. The potential prejudice to the Bonneaus was deemed minimal, as they could still pursue their desired remedies during the trial's closing submissions.

Costs/Award: The decision did not include a final award or total amount of costs, as it focused on procedural aspects rather than the merits of the case. Costs of the stay application were to be in the cause.