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Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA 60. Section 218 of Albertas Environmental Protection and Enhancement Act, RSA 2000, c E-12 gives a judge discretion to extend a limitation period where the basis for the proceeding is an alleged adverse effect resulting from the alleged release of a substance into the envi...
Julia Schatz Ciara Mackey Scott Bower Laura Gill Sarah Gilbert Dayo Ogunyemi

"Utter Waste of Time": Alberta Court of Appeal Provides New Guidance on Civil Practice Note 7

Civil Practice Note 7, entitled “Vexatious Application/Proceeding Show Cause Procedure” CPN 7, is a useful tool to manage hopeless litigation quickly and efficiently. Introduced in 2018, it is a summary procedure under Rule 3.68 of the Alberta Rules of Court that may be used to address a “claim, defence, action, application, or proceeding that appears on its face to be frivolous, vexatious, or otherwise an abuse of process.” It is intended as a “fair and proportionate mechanism to resp...
David Mckinnon Ciara Mackey Alicia Yowart Alberta Rules Of Court Bennett Jones Alberta Court

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