City of Victoria Beacon Hill Park Injunction July 27, 2020

The City of Victoria is going to the BC Supreme Court seeking an injunction to move the campers from the natural areas to the cultivated areas of the park. This injunction seeks to establish a tent city in the cultivated areas of the park. The Beacon Hill Park Trust and two subsequent judgments are very clear that this is an activity in violation of the Trust. It is also a very round-about way of modifying a Trust.

Originally, the City filed an injunction to remove the campers from the park completely. This was withdrawn very quickly and replaced with the current injunction. There is no explanation why the first injunction was filed, then removed.

FBHP sought legal counsel to file as responders to the amended injunction and pursue an injunction against the City for neglect of duty as trustee of the Park. This was a very difficult legal challenge that was simply too great for the time involved.

Instead our legal counsel will take a minimal role in the injunction sought by the City. Our lawyer will insist that the justice hearing the injunction refer to the Trust when rendering a judgment. We will also keep the option open to proceed under the Trust when the resources are available.