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ARTICLE · 29 MAY 2019

Is It Ever Too Late To Sue For Environmental Contamination?

Burnet, Duckworth & Palmer LLP
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On February 6, 2019, the Alberta Court of Appeal released its decision in Brookfield Residential (Alberta) LP (Carma Developers LP)

CanadaEnergy and Natural Resources
Burnet, Duckworth & Palmer LLP
Burnet, Duckworth & Palmer LLP
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On February 6, 2019, the Alberta Court of Appeal released its decision in Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited. In this case, Brookfield owned land in South Edmonton and found out in 2010 that it was contaminated. Brookfield alleged that the contamination stemmed from Imperial's operations on the land, sixty years earlier. The question at the centre of this decision was when is it too late to sue for environmental contamination?

Background on the Law

This case focuses almost entirely on the application of section 218 of the Environmental Protection and Enhancement Act (EPEA). This section allows a judge (on application, and in certain circumstances) to extend a limitation period to commence civil proceedings for alleged environmental contamination.

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