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ARTICLE · 02 JANUARY 2018

Alberta Update: When Does A Plaintiff Lose The Right To Sue For Historic Contamination?

Willms & Shier Environmental Lawyers LLP
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In Alberta, there is an ultimate limitation period of 10 years from the date the claim arose regardless of when a plaintiff knew or ought to have known about the claim.

CanadaEnvironment
Matthew Gardner
Matthew Gardner
Jacquelyn Stevens
Jacquelyn Stevens
Anand Srivastava
Anand Srivastava
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In Alberta, there is an ultimate limitation period of 10 years from the date the claim arose regardless of when a plaintiff knew or ought to have known about the claim.  But what happens where a plaintiff discovers historic environmental contamination that is more than 10 years old?  Is the right to sue lost?  This question was recently considered by Alberta's Court of Queen's Bench in Lakeview Village Professional Centre Corporation v Suncor Energy Inc. and Brookfield Residential (Alberta) LP v Imperial Oil.

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