Alan Dutton's bid to dismiss Kinder Morgan lawsuit rejected

A B.C.Supreme Court has rejected a Burnaby Mountain protester's request to have a multi-million dollar lawsuit thrown out.

Retired SFU professor Alan Dutton was one of the five protesters named in a injunction lawsuit for energy giant Kinder Morgan to survey Burnaby Mountain. On Wednesday, Judge Randall Wong ruled against Dutton.

• Alan Dutton battles Kinder Morgan for right to protest

• Read more about the Kinder Morgan pipeline

The lawsuit began in Novemberwhen Kinder Morgan's attempts to do survey work onBurnabyMountain were blocked by protesters.

The company sued five people for $5.6 million in damages. Four of theprotesters settled out of court with the company, butDutton refused.

He says even though the court disagrees, Kinder Morgan only brought the original suit to silence protesters.

"I'm mad and I am madder now than I was before and I am morecommittedto fighting back against what Kinder Morgan has down to me and what it has done to other people."

The court also ruled Dutton may have to cover both his and Kinder Morgan's legal costs.