Alberta Court Rules Novel Fracking Claim Against Province Has Reasonable Prospect Of Success

On November 7, 2014, a decision by the Court of Queen's Bench of Alberta dismissed the Government of Alberta's application to strike portions of Jessica Ernst's claim against Alberta for allegedly failing to protect her water supply. The Court also dismissed Alberta's application for summary judgment.

In 2007, Ms. Ernst brought claims against EnCana Corporation, Alberta's Energy Resource Conservation Board (ERCB) and the Government of Alberta. Ms. Ernst sued EnCana for damages to her water supply allegedly caused by Encana's hydraulic fracturing (fracking) activity. Ms. Ernst also sued the Government of Alberta for allegedly failing to protect her water supply. In 2013, Ms. Ernst's claims against the ERCB for failing to respond to her concerns about her well water were struck and dismissed. This decision was upheld by Alberta's Court of Appeal in September 2014. Ms. Ernst is appealing the Court of Appeal's decision to the Supreme Court of Canada.