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ARTICLE · 04 DECEMBER 2014

Agricultural Law NetLetter - Friday, November 21, 2014 - Issue 312

Miller Thomson
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The Plaintiff brought an action against EnCana Corporation, the ERCB and Alberta Sustainable and Resource Development, claiming that EnCana contaminated her water well

CanadaEnvironment
Brian Kaliel K.C.
Brian Kaliel K.C.
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** HIGHLIGHTS **

  • The Chief Justice of the Alberta Court of Queen's Bench has dismissed an application by Alberta Environment to strike out a claim on the grounds that Alberta Environment does not owe a private law duty of care to investigate and remediate alleged contamination of water wells resulting from hazardous and toxic chemicals used for hydraulic fracturing. The Plaintiff alleged her water well, other water wells, and the Rosebud Aquifer had been contaminated as a result of hydraulic fracturing activities carried on by EnCana Corporation, and that Alberta Environment had failed to follow its "Compliance Assurance Program" by investigating, enforcing and requiring remedial action with respect to potential violations of the Environmental Protection and Enhancement Act (Alberta). EnCana was not involved in the Court application. (Ernst v. EnCana Corporation, CALN/2014-035, [2014] A.J. No. 1259, Alberta Court of Queen's Bench)

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