The previous post of the court order was taken from someone else’s notes, so this is the official court order, minus some stuff that’s only relevant to legal submissions and cross examinations.
1. This court orders that the injunction motion is adjourned to august 10 2009 at 10 am to allow counsel for the Respondents to file material.
2. This court orders that the adjournment is peremptory on the Respondents.
3. This court orders that the adjournment is on the following terms:
(a) the Respondents will not impede entry or interfere with the work of:
i. Banks Groundwater Engineering Ltd. and NRSI with respect to water analysis, and review, and monitoring;
ii. Drexler Construction and its subcontractors’ work in making repairs to silt fences; and
iii. Surveyors replacing and/or checking survey stakes and indicators.
(f) existing members of “LIMITS” (again, not sure why this was ever included in the injunction as this wasn’t a LIMITS action at all; please see separate post regarding this) or others, i.e. person who already have been present on site for at least 24 hours in any individual case, may remain on the property pending the return of the motion provided:
i. they remain on access roads (while traveling to and from the staging area) and within a limited staging area to be defined by a ground-rope boundary around the existing camping structures;
ii. no more structures are built;
iii. existing washroom facilities are maintained;
iv. no more than 30 persons at any one time are present on site plus up to 5 press persons;
v. there is no interference with police or access, work, workers or supervisors as per paragraph 3(a) of this order, and
vi. they do not cause any public safety issues as may be determined by the police;
(g) The boundary in paragraph 3(f)(i) of this order is to be no larger than the courtroom, to be determined by Mr. Soltys in conjunction with an agent of the city chosen by Michael Bordin; and
(h) the city undertakes not to commence further on site work beyond work being done per paragraph 3(a) of this order.
This court orders that the Respondents will notify the public via blog or website etc. of this order, and that this order will be posted on site by the Respondents and Applicants.
5. This court orders that costs are in the discretion of the judge hearing the motion.