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ARTICLE · 25 SEPTEMBER 2014

Alberta Court Of Appeal Upholds Regulator’s Immunity In Fracking Case

Willms & Shier Environmental Lawyers LLP
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Jessica Ernst owns land near Rosebud, Alberta. In 2007, Ms. Ernst brought claims against EnCana Corporation, the province of Alberta and the Board.

CanadaLitigation, Mediation & Arbitration

On September 15, 2014, Alberta's Court of Appeal dismissed Jessica Ernst's appeal of the lower court decision holding that Alberta's Energy Resource Conservation Board (the "Board") is immune from private civil claims and certain Charter challenges.

Jessica Ernst owns land near Rosebud, Alberta. In 2007, Ms. Ernst brought claims against EnCana Corporation, the province of Alberta and the Board. Ms. Ernst sued EnCana for damage to her water supply allegedly caused by EnCana's hydraulic fracturing ("fracking") activity. Ms. Ernst also sued the province of Alberta alleging that through its department of Alberta Environmental and Sustainable Resource Development (now replaced by the Alberta Energy Regulator) it owed Ms. Ernst a duty to protect her water supply and failed to adequately respond to her complaints about EnCana's fracking.

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