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THIS IS EXHIBIT 661'' Referred to in the Affidavit of Vancouver,Bc V6E2E9

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THIS IS EXHIBIT 661'' Referred to in the Affidavit of Vancouver,Bc V6E2E9 THIS IS EXHIBIT 661'' Referred to in the Affidavit of Michael Davies Sworn before me this 26th day of October A.D.2017 SIONER FOR OATHS IN AND FOR BRITISH COLUMBIA SHANNON DAVIDSON Barrister & Solicitor Osler, Hoskin & Harcourt LLP Suite 1700, Guinness Tower 1055 West Hasting Street Vancouver,Bc V6E2E9 Telephone: 604.692.27 54 Distance between 7585 Barnet Road and 7065 Bayview Drive October 26, 2017 1:5,368 Length: 247.08 m The information has been gathered and assembled on the City of Burnaby's computer systems. Data provided herein is derived from a a number of sources with varying levels of accuracy. The City of Burnaby disclaims all responsibility for the accuracy or completeness of information contained herein. ¯ THIS IS EXHIBIT "2') Referred to in the Affidavit of Michael Davies Sworn before me this 26th dayof October A.D.2017 CO ONER FOR OATHS IN AND FOR BRITISH COLUMBIA SHANNON DAVIDSON Barrister & Solicitor Osler, Hoskin & Harcourt LLP Suite 1700, Guinness Tower 1055 V/est Hasting Street Vancouver,Bc Y6E2E9 Telephone: 604.692.27 54 Burnaby (City) v. Trans Mountain Pipeline ULC, 2014 BCSC 1820, 2014 CarswellBC 2857 2014 BCSC 1820, 2014 CarswellBC 2857, [2014] B.C.W.L.D. 7422... 2014 BCSC 1820 British Columbia Supreme Court Burnaby (City) v. Trans Mountain Pipeline ULC 2014 CarswellBC 2857, 2014 BCSC 1820, [2014] B.C.W.L.D. 7422, [2014] B.C.W.L.D. 7499, 245 A.C.W.S. (3d) 190, 27 M.P.L.R. (5th) 337, 67 B.C.L.R. (5th) 345 City of Burnaby, Applicant and Trans Mountain Pipeline ULC, Respondent and National Energy Board, Respondent B.J. Brown J. Heard: September 11, 2014 Judgment: September 17, 2014 * Docket: Vancouver S146911 Counsel: G.J. McDade, Q.C., M. Bradley, for Applicant, City of Burnaby W. Kaplan, Q.C., M. Killoran, Q.C., M.P. Good, for Respondent, Trans Mountain Pipeline ULC P. Johnston, for National Energy Board Subject: Civil Practice and Procedure; Environmental; Public; Property; Municipal Headnote Remedies --- Injunctions — Availability of injunctions — Injunctions in specific contexts — Enforcement of by-laws and statutes City sought to prevent pipeline company from cutting down trees or damaging vegetation, transporting heavy machinery or drilling, and constructing and clearing area for helicopter pad or staging area within conservation area — City brought application for injunction pursuant to s. 274 of Community Charter prohibiting company from continuing works in contravention of by-laws — Application dismissed — It was not appropriate to issue injunction sought — Matter was properly before National Energy Board (NEB) — City had ability to pursue relief that it sought in that proceeding, and had done so — City would have ability to appeal NEB conclusions to Federal Court, and could seek injunction or stay in that court — Despite its argument to contrary on basis that it was seeking statutory injunction, city had to meet requirements for equitable injunction, being three-part test — Matter was not one of private entity offending by-laws but, rather, true dispute was between competing public interests — As to first stage of three-part test, it was doubtful that there was serious question to be tried because there was another forum in which matter could be determined, and city had already engaged that forum and could raise question before that forum. Environmental law --- Statutory protection of environment — Approvals, licences and orders — Remedies City sought to prevent pipeline company from cutting down trees or damaging vegetation, transporting heavy machinery or drilling, and constructing and clearing area for helicopter pad or staging area within conservation area — City brought application for injunction pursuant to s. 274 of Community Charter prohibiting company from continuing works in contravention of by-laws — Application dismissed — It was not appropriate to issue injunction sought — Matter was properly before National Energy Board (NEB) — City had ability to pursue relief that it sought in that proceeding, and had done so — City would have ability to appeal NEB conclusions to Federal Court, and could seek injunction or stay in that court — Despite its argument to contrary on basis that it was seeking statutory injunction, city had to meet requirements for equitable injunction, being three-part test — Matter was not one of private entity offending by-laws but, rather, true dispute was between competing public interests — As to Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. 1 Burnaby (City) v. Trans Mountain Pipeline ULC, 2014 BCSC 1820, 2014 CarswellBC 2857 2014 BCSC 1820, 2014 CarswellBC 2857, [2014] B.C.W.L.D. 7422... first stage of three-part test, it was doubtful that there was serious question to be tried because there was another forum in which matter could be determined, and city had already engaged that forum and could raise question before that forum. Table of Authorities Cases considered by B.J. Brown J.: Canadian Natural Resources Ltd. v. Calgary (City) (2010), 81 M.P.L.R. (4th) 177, 42 Alta. L.R. (5th) 66, (sub nom. Calgary (City) v. Canadian Natural Resources Ltd.) 496 A.R. 162, 2010 ABQB 417, 2010 CarswellAlta 2394 (Alta. Q.B.) — referred to Cuddy Chicks Ltd. v. Ontario (Labour Relations Board) (1991), 91 C.L.L.C. 14,024, 3 O.R. (3d) 128 (note), 50 Admin. L.R. 44, 122 N.R. 361, 81 D.L.R. (4th) 121, [1991] O.L.R.B. Rep. 790, 47 O.A.C. 271, 4 C.R.R. (2d) 1, [1991] 2 S.C.R. 5, 3 O.R. (3d) 128, 1991 CarswellOnt 976, 1991 CarswellOnt 3004 (S.C.C.) — considered Martin v. Nova Scotia (Workers' Compensation Board) (2003), 2003 CarswellNS 360, 2003 CarswellNS 361, 2003 SCC 54, (sub nom. Workers' Compensation Board (N.S.) v. Martin) 217 N.S.R. (2d) 301, (sub nom. Workers' Compensation Board (N.S.) v. Martin) 683 A.P.R. 301, 310 N.R. 22, (sub nom. Nova Scotia (Workers' Compensation Board) v. Martin) [2003] 2 S.C.R. 504, 110 C.R.R. (2d) 233, 2003 CSC 54, (sub nom. Nova Scotia (Workers' Compensation Board) v. Martin) 231 D.L.R. (4th) 385, 28 C.C.E.L. (3d) 1, 4 Admin. L.R. (4th) 1 (S.C.C.) — referred to Paul v. British Columbia (Forest Appeals Commission) (2003), 2003 CarswellBC 2432, 2003 CarswellBC 2433, 2003 SCC 55, 5 Admin. L.R. (4th) 161, 111 C.R.R. (2d) 292, 18 B.C.L.R. (4th) 207, [2003] 2 S.C.R. 585, 231 D.L.R. (4th) 449, [2003] 11 W.W.R. 1, [2003] 4 C.N.L.R. 25, 3 C.E.L.R. (3d) 161 (S.C.C.) — referred to RJR-MacDonald Inc. v. Canada (Attorney General) (1994), [1994] 1 S.C.R. 311, 1994 CarswellQue 120F, 1994 CarswellQue 120, 54 C.P.R. (3d) 114, (sub nom. RJR-MacDonald Inc. c. Canada (Procureur général)) 164 N.R. 1, (sub nom. RJR-MacDonald Inc. c. Canada (Procureur général)) 60 Q.A.C. 241, 111 D.L.R. (4th) 385 (S.C.C.) — followed Vancouver (City) v. O'Flynn-Magee (2011), 2011 BCSC 1647, 2011 CarswellBC 3205, [2012] 3 W.W.R. 575, 91 M.P.L.R. (4th) 197, 26 B.C.L.R. (5th) 155, 342 D.L.R. (4th) 190, 15 C.P.C. (7th) 370 (B.C. S.C.) — considered Statutes considered: Community Charter, S.B.C. 2003, c. 26 s. 274 — pursuant to National Energy Board Act, R.S.C. 1985, c. N-7 Generally — referred to s. 11 — considered s. 12 — considered s. 13 — considered s. 73 — considered Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. 2 Burnaby (City) v. Trans Mountain Pipeline ULC, 2014 BCSC 1820, 2014 CarswellBC 2857 2014 BCSC 1820, 2014 CarswellBC 2857, [2014] B.C.W.L.D. 7422... s. 73(a) — considered s. 75 — considered APPLICATION by city for injunction to prevent pipeline company from continuing to carry on works in contravention of by-laws. B.J. Brown J.: Introduction 1 On September 17, 2014, I gave the parties my decision in these matters, with reasons to follow. These are those reasons. 2 The City of Burnaby ("Burnaby") seeks an injunction pursuant to s. 274 of the Community Charter, S.B.C. 2003, c. 26 prohibiting Trans Mountain Pipeline ULC, its agents or employees (together "Trans Mountain") from continuing to carry on works in the City of Burnaby in contravention of the City of Burnaby bylaws, including the City of Burnaby, by-law No. 7331, Burnaby Parks Regulations Bylaw 1979 ("Burnaby Parks Regulation") and the City of Burnaby, by-law No.4299, Burnaby Street and Traffic Bylaw 1961 ("Burnaby Street and Traffic Bylaw"). Specifically, Burnaby seeks an injunction to prevent Trans Mountain from cutting down trees or damaging vegetation within the Burnaby Mountain Conservation Area; from transporting heavy machinery or drilling within the Burnaby Mountain Conservation Area; and from constructing, clearing an area for a helicopter landing pad or staging area within the Burnaby Mountain Conservation Area. The Position of the Applicant 3 Burnaby argues that because this is an application for a statutory injunction, it does not need to meet the normal three-stage test for an interlocutory injunction as set out in RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311 (S.C.C.). Rather, it argues that the irreparable harm and balance of convenience aspects of the normal interlocutory injunction test are pre-emptively satisfied so that the municipality need only prove a breach of the statute in order to be entitled to an injunction, unless there are exceptional circumstances. 4 Burnaby argues that its bylaws are presumptively valid unless a constitutional determination of inapplicability is made.
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