Appellants factum - Woodward & Company

Roger William et al. v. British Columbia et al.Litigation ChronologyDateDecember 14,1989April 18, 1990December 17,1990EventThe Plaintiff commenced Action No. 89/2573 against British Columbia(the “Original Action”). The Original Action was discontinued whenAction No. 90/0913 (the “Nemiah Trapline Action” or the “TraplineAction”) was commenced [63]. 1The Nemiah Trapline Action was commenced in the Supreme Court ofBritish Columbia. At that time, the Plaintiff sought injunctions restrainingdefendant forest companies from clear-cut logging within the TraplineTerritory [64]. (Appeal Record [“AR”] p. 1)Millward J. made a consent order accepting Carrier Lumber Ltd.’sundertaking not to apply to British Columbia for timber cutting permits inthe Nemiah Trapline without notice [65]. (AR p. 441)- The proceedings against other forest companies were eventuallydiscontinued [66].October 11,1991January 8,1997June 25, 1998The Supreme Court of British Columbia issued an injunction by consent,enjoining Carrier from logging (or any other preparatory work forlogging) within the Trapline Territory until the trial of this matter. Carrierwas specifically enjoined from logging certain named cut blocks locatedwithin the Trapline Territory [67]. (AR p. 443)The Xeni Gwet’in filed a notice of intention to proceed with the NemiahTrapline Action [75].The Trapline Action was amended to advance claims for Tsilhqot’inAboriginal title, damages for infringement of Aboriginal rights and title,compensation for breach of fiduciary duty, declaratory ordersconcerning the issuance and use of certain forest licences andinjunctions restraining the issuance of cutting permits [68]. (AR p. 67)- Following the injunction restraining logging in the TraplineTerritory, forest companies indicated interest in logging withinTachelach’ed (Brittany Triangle) [69].1 Numbers in [ ] refer to paragraphs in Tsilhqot’in Nation v. British Columbia 2007 BCSC 1700.