Supreme Court Of Canada To Hear Fracking Case On Regulator Immunity

On April 30, 2015 the Supreme Court of Canada granted leave to appeal with costs to Jessica Ernst for her claim against Alberta Energy Regulator ("AER"). The leave decision from Canada's top court comes after Alberta's Court of Appeal dismissed Ms. Ernst's appeal of the lower court decision which held that Alberta's Energy Resources Conservation Board (now the AER) is immune from private civil claims and certain Canadian Charter of Rights and Freedoms challenges.

In 2007, Ms. Ernst brought an action against EnCana Corporation for damage to her water supply allegedly caused by EnCana's hydraulic fracturing ("fracking") activity. In 2011, Ms. Ernst amended her statement of claim to include Alberta Environment and Sustainable Resource Development ("ASRD"). Ms. Ernst claimed ASRD owed her a duty to protect her water supply and failed to address her complaints about EnCana.