An injunction to enforce a closure order upon Iron Energy Gym in West Kelowna was approved in B.C. Supreme Court on Feb. 18, 2022.
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February 18, 2022 - 3:47 PM
Interior Health's attempts to have a judge reinforce its closure order against a gym in West Kelowna was successful with an injunction granted today.
With the backing of an injunction by a B.C. Supreme Court Justice, Iron Energy Gym's operators risk arrest if they open the doors violating public health orders.
Counsel for both Iron Energy Gym and Interior Health appeared before a B.C. Supreme Court judge in Vancouver today, Feb. 18, 2022.
Interior Health, represented by James Goulden, sought the injunction after the gym repeatedly defied a closure order and it refused to pay the nearly two dozen fines.
Goulden also said the existing public health orders were "irrelevant" to the injunction at hand and those could be disputed with the Province and Ministry of Health. The application is an effort to make an example of Iron Energy to show the consequences for defying closure orders and fines from the Interior's health authority, which enforces public health orders on behalf of the Province.
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"It undermines the health and safety of the public... and it also undermines the enforcement and the requirements of the (Interior Health Authority) to have their orders followed," he said, adding that the gym owners have "flagrantly" disregarded enforcement so far.
Goulsen said Interior Health took several steps before escalating enforcement efforts to B.C. Supreme Court, which have included fines, at least two closure orders and the temporary loss of Iron Energy's business licence.
The judge noted that it is "not the court's role" to doubt decisions from public health officials and has limited discretion in not enforcing the closure order. He agreed, however, the affidavits presented to the court showed a continued and deliberate defiance of public health orders established by the Province, which are up to Interior Health to enforce.
Iron Energy has continued to outspokenly defy orders from Interior Health for weeks, but an affidavit from Interior Health mentioned in court noted the health authority had been aware of COVID-19 health order violations since at least September 2021.
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Gym owners refused to close Iron Energy's doors when the Province implemented a temporary order due to rising COVID-19 cases in December, which sparked the gym's outspoken defiance of the orders.
Eventually, its owners admitted to not checking for proof of vaccines for its members, along with not enforcing mask requirements. All orders were in place due to the COVID-19 pandemic.
The injunction was applied for on Tuesday, Feb. 15, which included the gym, seven people involved in the gym's ownership, along with its landlord.
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After Iron Energy's lawyer, Terrence McCaffrey, argued that the injunction application was not served in a timely manner, the judge accepted that the injunction would be adjourned against all names in the documents except for the gym itself.
Although McCaffrey argued the gym was not served with enough notice to prepare a defense and so it should be adjourned, the chief justice noted that Iron Energy was given a closure order on Feb. 3, and continued to remain open since.
The injunction was initially sought to be permanent, until COVID-19 orders were followed, but it was then changed to a six month order, as of Feb. 18. Interior Health can apply to extend the order if it wishes, but the order will continue for now until either public health orders are followed or the six-month term ends.
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