Respondent
Petitioner
Case Overview:
The case, Khalsa Diwan Society v. John Doe, Jane Doe, and Persons Unknown (2024 BCSC 2072), involved the Khalsa Diwan Society seeking an ex parte quia timet injunction to prevent anticipated protests at the Ross Street Gurdwara in Vancouver, BC, during consular camps on November 2 and 16, 2024. The camps, organized by Indian consular staff, aimed to assist seniors with administrative tasks. The Society anticipated disruptive protests due to political tensions related to Indian government activities.
Legal Issues and Arguments:
The Society argued for injunctive relief under the Trespass Act and common law, citing concerns about trespass, nuisance, and interference with religious and consular activities. The petitioner established a high likelihood of harm based on prior protests in 2023, which included trespass, blocking access, intimidation, and noise disruption. The court assessed the standard tests for injunctive relief: the existence of a serious issue, irreparable harm, and balance of convenience.
Judgment and Costs:
The court granted the injunction, ordering a 50-meter buffer zone around the Gurdwara to restrict protestors from trespassing or blocking access. Protestors were allowed to demonstrate outside the buffer zone lawfully. A police enforcement clause was included to ensure compliance.
Award:
The decision did not specify monetary costs or awards in favor of the petitioner. Any affected party could apply to modify the order with two business days' notice.
Court
Supreme Court of British ColumbiaCase Number
S247416Practice Area
Civil litigationAmount
Winner
PetitionerTrial Start Date
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