Law360 Canada ( September 16, 2025, 1:23 PM EDT) -- Appeal by appellant from decision of judge of the Supreme Court striking its petition. The appellant was a non-profit society that sought to preserve all remaining old growth forests in TFL 46, for which Teal Cedar Products Ltd. (Teal Cedar) was granted timber harvesting rights under provincial legislation. The appellant filed a petition in the British Columbia Supreme Court asking for an order declaring that the Migratory Birds Act Regulations prohibited the indiscriminate destruction of Marbled Murrelet nests by the logging of old growth trees in TFL 46. The petition alleged that the logging of old growth trees in TFL 46 destroyed large numbers of nests. The Attorney General of Canada and Federal Minister of the Environment and Climate Change (Canada) filed an application asking that the petition be struck. The Attorney General of British Columbia and provincial Minister of Forests (British Columbia) filed a similar application. A judge of the Supreme Court granted the applications, struck the petition without leave to amend, and dismissed the proceeding. The judge concluded there was no reasonable prospect the appellant would succeed in obtaining the sought-after relief. He also considered the petition to be unnecessary and an abuse of process. The appellant argued the judge made several errors. Canada argued the petition was bound to fail because it sought no enforceable relief against Canada or any other party. The appellant argued that the petition could succeed, the declaration would have practical utility, and if granted, it would make a tangible difference to the rights of the parties....