Background Facts:
In 2022, a Hemlock Looper Moth infestation significantly affected Stanley Park's trees. The City and Park Board, relying on recommendations from Blackwell & Associates, began removing trees. Between October 2023 and April 2024, around 7,000 trees were cut down, with plans to remove up to 160,000 trees over 3–5 years. The plaintiffs, who regularly used the park for emotional well-being, argued that the tree removal was excessive, unnecessary, and based on a flawed report, causing them psychological harm.

Legal Issues:
The plaintiffs sought an interlocutory injunction to stop further logging until trial, claiming negligence by the defendants in their response to the infestation. They alleged emotional distress and safety concerns due to the deforestation. The defendants argued that the case involved public law decisions, not private tort claims, and that the actions were necessary for public safety.

Court’s Findings:
The court applied the RJR-MacDonald test and found no serious issue to be tried regarding a novel duty of care. It ruled that judicial review, not tort law, was the appropriate remedy.

Costs and Outcome:
The court dismissed the injunction request and left costs to be determined later.