Background:
Vancouver Island University (VIU) sought an interlocutory injunction to remove an encampment organized by a group called the "VIU Palestinian Solidarity Encampment" on its Nanaimo campus. The encampment had been in place since May 2024, and VIU claimed it constituted trespass.

Legal Arguments/Issues:
VIU argued that the encampment was an unlawful occupation of its property, amounting to trespass under common law. The university also raised concerns about escalating disruptive activities on campus linked to the encampment. The defendants, led by Sara Kishawi, argued that their actions were protected under the Charter of Rights and Freedoms, particularly regarding freedom of expression and assembly. The court considered whether the Charter applied to VIU and whether the common law of trespass should be modified in light of Charter values.

Court's Decision:
The court granted VIU an interim injunction, ordering the removal of the encampment from the Grassed Quad Area and prohibiting overnight gatherings in that area. The injunction was limited to 150 days and applied only to the specific area occupied by the encampment, not the entire campus. The court did not extend the injunction to include police enforcement terms.

Costs:
The court waived the undertaking as to damages typically required for an interim injunction. Both parties were ordered to bear their own legal costs.

Total Costs:
VIU estimated that the encampment-related expenses would total $870,000. However, there was no monetary award granted in favor of VIU.