SCC Denies Ernst A Claim For Damages Against The Alberta Energy Regulator

Introduction

On January 13, the Supreme Court of Canada (the SCC) released its long-awaited decision in Ernst v. Alberta Energy Regulator¹(Ernst). Splitting 5-4 on the result, a plurality of the Court endorsed the principle that quasi-judicial administrative bodies, like the Alberta Energy Regulator (the Regulator), must be protected from collateral attack by damages claims in order to preserve their impartial and independent function. The SCC also reaffirmed the need for a full evidentiary record when a plaintiff is pursuing a constitutional challenge. This decision should help to ensure that individuals cannot pursue a claim for damages against the Regulator when they are unhappy with a decision made in the course of the regulatory process.