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ARTICLE · 01 MARCH 2022

How One Environment-based Class Action Is Challenging The Path For Plaintiffs

Environmentally-based class action proceedings have been steadily on the rise.

CanadaEnvironment

Environmentally-based class action proceedings have been steadily on the rise. Many of these cases are based in tort law and raise difficult issues concerning the appropriateness of class actions and the scope of private law environmental obligations.

The Alberta Court of Appeal recently grappled with these issues in a class action arising from an oil pipeline rupture and spill in Rieger v. Plains Midstream Canada ULC, 2022 ABCA 28 ("Plains Midstream"). This appeal decision is instructive concerning the limits of tort law and class proceedings in environmental claims.

The result also illustrates the value of taking prompt and good faith actions to mitigate and compensate loss when environmental incidents occur. Dentons Canada LLP acted as counsel for the successful Defendant in having class certification vacated.

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