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 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.
The Alberta Court of Queen’s Bench (the “Court”) has added to the relatively sparse case law on whether an extension to a limitation period will be granted under section 218 of.