Background: Ewald Heler and Claudia Pamela Heler filed for an injunction to restrain Kelt Exploration Ltd. from conducting natural gas extraction activities near their property in Rose Prairie, B.C. They argued these activities caused noise, toxic emissions, and harm to their health and property.

Legal Issues: The main legal issue was whether the Helers could obtain a temporary injunction to halt Kelt's activities. They claimed the activities constituted a private nuisance and could lead to irreparable harm, including health risks from toxic emissions and noise. They also cited potential violations of the Canadian Environmental Protection Act and referenced Charter rights, though these were not the primary legal grounds.

Court's Analysis: The court analyzed whether the plaintiffs established a strong prima facie case for a nuisance claim. It found their case weak, as they lacked objective evidence and expert testimony to support their claims of unreasonable interference. The court also determined that the plaintiffs did not prove irreparable harm since their concerns could be mitigated by temporary relocation during the drilling period.

Outcome: The court dismissed the application for an injunction. Kelt Exploration Ltd. sought costs, but the court ordered that costs be in the cause, considering the plaintiffs' financial situation. No specific award amount was granted in this ruling.