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Court File No.

Vancouver Registry

Vâncouver

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IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:
TRANS MOUNTAIN PIPELINE ULC

PLAINTIFF

-andDAVID MIVASAIR, BINA SALIMATH, MIA NISSEN, COREY SKINNER (AKa CORY
SKINNER), UNI URCHIN (aka JEAN ESCUETA), ARTHUR BROCINER (aka ARTUR
BROCINER), KARL PERRIN, YVON RAOUL, EARLE PEACH, SANDRA ANG,
REUBEN GARBANZO (aka ROBERT ARBESS), GORDON CORNWALL, THOMAS
CHAN, LAUREL DYKSTRA, RUDI LEIBIK (AKA RUTH LEIBIK), JOHN DOE, JANE
DOE, AND PERSONS UNKNOWN
DEFENDANTS

NOTICE OF CIVIL CLAIM
This action has been started by the Plaintiff for the relief set out in Part 2 below.

If you intend to respond to this action, you or your lawyer must

(a)

file a Response to Civil Claim in Form 2 in the above-named registry of this court
within the time for Response to Civil Claim described below, and

(b)

serve a copy of the filed Response to

Civil Claim on the Plaintiff.

If you intend to make a Counterclaim, you or your lawyer must

(a)

to Civil Claim in Form 2 and a Counterclaim in Form 3 in the abovenamed registry of this court within the time for Response to Civil Claim described

file

a Response

below, and

(b)

serve a copy of the fìled Response to Civil Claim and Counterclaim on the
and on any new parties named in the Counterclaim.

Plaintiff

JUDGMENT MAY BE PRONOLINCED AGAINST YOU IF YOU FAIL to file the Response to
Civil Claim within the time for Response to Civil Claim described below.

8354t

 I

-2-

Time for Response to Civil Claim

A Response to Civil Claim must be filed and served on the Plaintiff,

(a)

if you were

(b)

if you were served with the Notice of Civil Claim anywhere in the United States of
America, within 35 days after that service,

(c)

if you were served with

served with the Notice of Civil Claim anywhere in Canada, within 21
days after that service,

the Notice of

Civil Claim anywhere else, within 49

days

after that service, or

(d)

the time for Response to Civil Claim has been set by order of the Court, within
that time.

if

CLAIM OF THE PLAINTIFF
Part

l:

STATEMENT OF FACTS

Overview
1

Sinc^e

November 30, ?011 all or some of the Defendants, David Mivasair, Bina Salimath,

Mia Nissen, Corey Skinner (aka Cory Skinner), Uni Urchin (aka Jean Escueta), Arthur
Brociner (aka Artur Brociner), Karl Penin, Yvon Raoul, Earle Peach, Sandra Ang, Reuben
Garbanzo (aka Robert Arbess), Gordon Comwall, Thomas Chan, Laurel Dykstra, Rudi

Leibik (aka Ruth Leibik)" and other individuals who could not be identified (collectively,
"Blockade Participants"), have consistently obstructed roads and gates that the Plaintiff,
Trans Mountain Pipeline ULC ('Trans Mountain"), requires to access the Westridge
Marine Terminal in Burnaby, BC (the "WMT").

2.

On March 5 and 6,2018, all or some of the Blockade Participants attended the Burnaby

Terminal in Burnaby, BC (the 'oBT") and obstructed Trans Mountain's workers from
conducting work at the BT.
J

The Blockade Participants' actions are illegal and have interfered with Trans Mountain's

lawful rights to access to the WMT, operate the WMT and the BT, and conduct work at the
WMT and the BT. The Blockade Participants' actions have caused Trans Mountain serious
harm.

 -J-

4

Trans Mountain requests, among other things, an injunction enjoining the Defendants from

interfering with Trans Mountain's right to access and operate the WMT, the BT, and other
Trans Mountain locations.

The Parties

5.

The Plaintiff, Trans Mountain, an unlimited liability company, is a Canadian corporation

with its head office located in Calgary, Alberta, formed pursuant to the laws of Alberta and
extra-provincially registered in British Columbia.
6.

The Defendants, David Mivasair, Bina Salimath, Mia Nissen, Corey Skinner (aka Cory
Skinner), Uni Urchin (aka Jean Escueta), Arthur Brociner (aka Artur Brociner), Karl Perrin,

Yvon Raoul, Earle Peach, Sandra Ang, Reuben Garbanzo (aka Robert Arbess), Gordon
Cornwall, Thomas Chan, Laurel Dykstra, and Rudi Leibik (aka Ruth Leibik) are persons that
are or have been Blockade Participants and that are currently known to Trans Mountain.
7

John Doe(s) and Jane Doe(s) are persons that are or have been Blockade Participants, and
that are currently unknown to Trans Mountain.

Trans Mountain and the Project

8.

Trans Mountain is the general partner of Trans Mountain Pipeline L.P. (both Trans Mountain

and Trans Mountain Pipeline L.P.

will be referenced

herein as collectively "Trans

Mountain").
9

Trans Mountain owns a pipeline that runs from Sherwood Park, Alberta" to marketing
terminals and refineries in the central BC region, the Lower Mainland area, and the Puget
Sound area in Washington State (the "Pipeline").

10.

The initial capacity of the Pipeline was 150,000 barels per day

("bpd"). Since 1953, the

capacity of the Pipeline has been increased several times by twinning parts of the line and
adding associated facilities. Today the Pipeline
capacity of approximately 300,000 bpd.

is

1,147 kilometres

in length and has a

 -4-

I

l.

Demand for transportation services exceeds the Pipeline's current capacity.

In particular,

Westem Canadian oil producers and West Coast refiners have requested increased pipeline
capacity to support growing oil production and to access West Coast offshore markets.

12.

In response to this demand, Trans Mountain and its affiliates applied to the National Energy
Board (the

"NEB") in December 2013 to expand the Pipeline (the "Projecf'). After Trans

Mountain's application, the NEB implemented a nearly three-year process to evaluate and
consider Trans Mountain's application that included, among other things: environmental and

socio-economic assessments; consultation

with Indigenous groups; consultation with

government and other third-party stakeholders; and various hearings.

13.

The NEB issued its recommendation and report in respect of Trans Mountain's application

for the Project on May 19,2016. The NEB concluded, among other things, that the Project
was in the public interest and that the Project should be approved, subject to compliance

with

certain conditions (the 'oConditions") and approval from the Governor in Council (the

"GIC").

14.

On November 29, 2016, the GlC issued Order in Council p.c. 2016-2017 (the o'OC"). The

OC accepted the NEB's recommendation that the Project, among other things, will, if the
Conditions are complied with, be required by the present and future public convenience and
necessity.

15.

Following the OC, the NEB issued a Certificate of Public Convenience and Necessity to
Trans Mountain on December 1,2016. This certificate allows Trans Mountain to construct
and operate the Project, subject to the Conditions.

The\ilMT

16.

The WMT is located in Bumaby,

BC.

The WMT currently has one berth that can

accommodate up to an Aframax-size ship (approximately 120,000 dead weight tons) and
barges. In addition to shipping crude oil, the WMT also receives and ships

jet fuel to the

Vancouver International Airport through a jet fuel pipeline system. The WMT currently
houses three storage tanks and can handle volumes of approximately 395,000 barrels (63,000

m').

 -5-

17.

The Project proposes to expand the WMT, including:

(a)

building a ne\ry dock complex at the WMT with three berths, and a berth to moor
smaller utility and service vessels. This new dock

will

increase loading capacity from

one to three Aframax-size tankers;

(b)

building additional delivery pipelines; and

(c)

extending the land along the shoreline to accommodate new equipment,

(the

18.

"WMT Expansion").

The WMT Expansion involves significant construction on the WMT's lands, shoreline, and
surrounding waters. Trans Mountain has received the majority of approvals to commence
and conduct construction of the WMT Expansion.

The BT

19.

The BT is located in Burnaby, BC. The BT is the end point ofthe Pipeline. It is a distribution

point for crude oil and refined products to local terminals, such as the WMT and the Parkland
refinery in the Lower Mainland.

20.

The Project proposes to expand the BT, including:

(a)

installing 14 new storage tanks (and removing an existing tank);

(b)

constructing an enhanced stormwater treatment system; and

(c)

implementing certain plant modifications, including the demolition of an existing
storage tank, relocation of some existing delivery pipeline, and relocation

of certain

third-party utilities,
(collectively, the "BT Expansion'o).

21.

As of the date of filing, the BT Expansion work involves certain tree clearing work, which
Trans Mountain has received all approvals to commence and conduct.

 -6-

The WMT Blockades

22.

Since at least November 30, 2017, andalmost every day thereafter, the Blockade Participants

obstructed critical roads that Trans Mountain requires

to

access the

V/MT ("Critical

Roads'o), and interfered with Trans Mountain's ability to access the rù/MT.

23.

The Blockade Participants engage in consistent and intentional blockades designed to cause

delay and financial harm to Trans Mountain with the ultimate goal of stopping the Project
entirely.

24.

The blockades have consistently and purposely interfered with Trans Mountain's ability (and
that of its employees and contractors) to access the WMT and to conduct construction-related

activities and operations generally. The blockades have caused and continue to interfere with
and cause delays to construction work on the WMT Expansion.

25.

Trans Mountain has expended significant efforts to manage and mitigate the effects of the
blockades, with limited success.

26.

Trans Mountain has exhausted all reasonable means of minimizing the effects

of

the

blockades. Further and continued blockades carry with them the obvious risk of further
construction-related delays that

will

cause significant harm

to Trans Mountain and third

parties (including safety-related risks to Blockade Participants and others). Trans Mountain
has suffered and continues to suffer significant harm.

The BT Blockades

27.

Beginning on or about March 6,2018, and continuing in the following days, the Blockade
Participants attended the BT and physically obstructed workers, preventing some from
accessing the site and obstructing

work. The Blockade Participants

also entered and

occupied safe-work zones, forcing work stoppages.

Harm to Trans Mountain and Third Parties

28.

Trans Mountain has suffered, and continues to suffer, obvious harm as a result of the
Blockade Participants' blockades at the WMT and at the

limited to:

BT, This harm

includes but is not

 -7

-

(a)

operational delays at the WMT and the BT;

(b)

delays in construction and construction schedules for the WMT Expansion and the

BT

Expansion;

(c)

interference with its right of access to and/or use the TVMT and the BT;

(d)

increased labour and equipment costs; and

(e)

increased security costs.

Part 2: REMEDY SOUGHT

29-

Trans Mountain seeks the following:

(a)

an injunction, including an interim injunction, enjoining the Defendants from, among

other things: (i) obstructing roads that Trans Mountain requires to access the WMT, or

otherwise obstructing access to the Reed Point Marina, the WMT or the BT; (ii)
obstructing workers from conducting work at the WMT or the BT; and

(iii) otherwise

coming within 50 metres of the WMT or the BT;

(b)

further, and in the alternative, damages in an amount as yet to be determined but which

will

(c)

be proved at the trial of this Action;

pre and post-judgment interest pursuant to the Court Order Interest

lcr,

R.S.B.C.

1996, c.79, as amended;

(d)

solicitor-client costs, or in the alternative such other costs as this Honourable Court
may permit; and

(e)

such further and other relief as Trans Mountain may request and this Honourable Court

may permit.

 -8-

Part 3: LEGAL BASIS
Nuísance

30.

The Defendants' actions, including their participation in and creation of blockades of the

Critical Roads, and at the WMT and at the BT, create a private nuisance in that they
substantially and unreasonably interfere with Trans Mountain's lawful and rightful access to
and use of the Critical Roads, and to access and operate the

31.

WMT and the BT.

Further, and in the alternative, the Defendants' actions, including their participation in and
creation of these blockades, create a public nuisance that causes special damage unique to
Trans Mountain.

Conspiracy

32. The Defendants

agreed amongst themselves and have acted

in combination for the

predominant purpose of injuring Trans Mountain through unlawful and/or lawful means.
The Defendants either knewo or certainly ought to have known, that their actions, including

their participation in and creation of blockades on the Critical Roads, at the WMT, and at
the BT, would injure Trans Mountain. Trans Mountain has suffered injury and loss due to
the Defendants' misconduct.

Unlawful I nterfere nce

33.

w íth

Econo mìc Reløtìo ns

The Defendants were aware at all material times that Trans Mountain had contractual
relations with third parties, including contracts for work with Trans Mountain contractors

involved in, among other things, operations at the WMT and the BT, and construction
activities at the V/MT and the

BT.

The Defendants' unlawful actions, including their

participation in and creation of blockades,'were intended to interfere with the performance

of those contracts and

cause injury and loss

to Trans Mountain and third parties.

The

Defendants' actions have interfered with Trans Mountain and third parties' performance
those contracts, causing T¡ans Mountain and third parties to suffer injury and loss.

of

 -9-

Plaintiffs

address for service:

OSLER, HOSKIN & HARCOURT LLP
Suite 2500, Trans CanadaTower

450-lsrsw
Calgary,

AB T2P 5Hl

Attention: Maureen Killoran, Q.C./ Shaun Parker
Telephone: 403.260.7003

I

403.260.7013

MatterNo. 1179700
Fax number address for service:

403.260.7024

E-mail address for service:

mkilloran@osler.com / sparker@osler.com

Place of trial:

Vancouver, BC

The address of the registry is:

800 Smithe Street, Vancouver,

Date: March

BC VíZZEI

8, 2018
C.

/ Shaun Parker

Rule 7-1 (1) of the Supreme Court Civil Rules states:

(l)

Unless all parties of record consent or the court otherwise orders, each party
record to an action must, within 35 days after the end of the pleading period,

(a)

(b)

of

prepare a List of Documents in Form 22 that lists

(Ð

all documents that afe or have been in the party's possession or
control and that could, if available, be used by any party at trial to
prove or disprove a material fact, and

(ii)

all other documents to which the party intends to refer at trial, and

servethe list on all parties ofrecord.

 t.

APPENDIX
Part 1: CONCISE SUMMARY OF NATURE OF CLAIM:
The Plaintiff seeks an injunction to enjoin the Defendants from obstructing its access to its facilities
and operations.

Part2z THIS CLAIM ARISES FROM THE FOLLOWING:
A personal injury arising out of:
t
t
t

I
I
]

a motor vehicle accident

medical malpractice
another cause

A dispute conceming:
tI
tI
tI

contaminated sites
construction defects
real property (real estate)

tl
tl

personal property
the provision of goods or services or other general commercial matters
investment losses

I1

the lending of money
an employment relationship
a will or r:ther issues conceming the probate of an estate
a matter not listed here

il
tl
tl

lxl

Part 3: THIS CLAIM INVOLVES:

tl
tl
t1
tl
tl
[*]
tl

a class action
maritime law
aboriginal law
constitutional law
conflict of laws
none ofthe above
do not know

Part 4:
Court Order Interest Act, R.S.B.C. 1996, c.79