01/15/2015 01:26 EST | Updated 03/16/2015 05:59 EDT

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 mult-imillion dollar suit 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.

The lawsuit began in November when Kinder Morgan's attempts to do survey work on Burnaby Mountain were blocked by protesters.

The company sued five people for $5.6 million in damages. Four of the protesters settled out of court with the company, but Dutton 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 more committed to 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.