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ARTICLE · 29 MARCH 2017

Chief Justice Confirms Cross-Examination Principles In Alberta

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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On March 21, 2017, the Court of Queen's Bench of Alberta ruled against the Alberta government in Alberta (Attorney General) v. ENMAX PPA Management Inc. et al., ...

CanadaLitigation, Mediation & Arbitration
Dalton McGrath, K.C.
Dalton McGrath, K.C.
Geoff Adair
Geoff Adair
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On March 21, 2017, the Court of Queen's Bench of Alberta ruled against the Alberta government in Alberta (Attorney General) v. ENMAX PPA Management Inc. et al., a controversial legal action brought in 2016 by the provincial government against several former buyers of power purchase arrangements (PPAs). In doing so, the court provided additional guidance to litigants regarding cross-examination principles in Alberta.

Blakes successfully represented ENMAX in this matter.

BACKGROUND

In July 2016, Alberta's Minister of Justice and Attorney General (Attorney General) brought an originating application against several former buyers of PPAs, alleging that those parties improperly terminated the PPAs. The PPAs included provisions allowing the buyers to terminate the PPAs if, among other things, the Alberta government imposed a legal change that could reasonably be expected to render continued performance of the PPAs to be "unprofitable, or more unprofitable" to the

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