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 Alberta s 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 environment. However, no extension was granted in the case of a claim for remediation costs against other alleged contributors to a pipeline spill.
The concept of deploying nuclear reactors as a carbon-free source of energy is gaining momentum in Alberta and elsewhere in Canada. This article explores recent promising developments in this space and discusses some of the challenges that lay ahead for those seeking to develop small modular reactors SMRs in Canada.