Trans Mountain has filed a discontinuance in the B.C. Supreme Court to confirm that it not proceed with a multi-million dollar lawsuit against defendants involved in Burnaby Mountain Conservation Area protests.
More than 70 people were taken into custody by officers during the protests against the pipeline company's efforts to survey the land for an expansion of its Trans Mountain system protests in November and December 2014.
Back in December, Trans Mountain approached all of the Defendants and offered to discontinue any proceedings on a without-cost basis.
According to Kinder Morgan, there was no financial incentive offered other than the commitment that Trans Mountain wouldn't seek court costs. Two of the five defendants agreed.
The other named defendants have not agreed. Despite this, Trans Mountain has proceeded with filing a unilateral discontinuance.
Trans Mountain could be responsible for court costs, which the company stated it is willing to pay, in order to demonstrate that it has no intention of pursuing civil action in this case.
"Today's actions are reconfirming a promise made by Kinder Morgan Canada President, Ian Anderson, to discontinue the proceedings against each of the defendants," read a statement by Trans Mountain. "Even though damages were suffered by the company as a result of the protests that occurred on Burnaby Mountain, Trans Mountain has maintained that it will not pursue compensation for these damages."
Trans Mountain substantially completed a variety of field studies, including geotechnical drilling on Burnaby Mountain in the last week of November 2014. These field studies were required to study the feasibility and develop detailed engineering on a proposed tunnel, from Trans Mountain's Burnaby Mountain Terminal to the Westridge Marine Terminal and the information gathered was filed with the National Energy Board on December 1, 2014.