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ARTICLE · 09 DECEMBER 2014

Regulators Of Fracking Negligent? Case Update

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Jessica Ernst is suing EnCana, the Alberta Energy Resources Conservation Board and the Alberta government for the negligent contamination of her property and drinking water.

CanadaEnvironment
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Jessica Ernst is suing EnCana, the Alberta Energy Resources Conservation Board (ERCB) and the Alberta government for the negligent contamination of her property and drinking water during EnCana's fracking program. The Alberta Court of Appeal recently upheld the case management judge's decision to strike out certain portions of her claim because they failed to disclose a reasonable cause of action.

Negligence claim against the ERCB – struck out

Ms. Ernst argued that the ERCB should be held liable for the "negligent administration of a regulatory regime". The case management judge found that the ERCB did not owe her a private duty of care and so could not be held liable. The Court of Appeal agreed, concluding:

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