Extending Discretion: Balancing The Limitations Act And Environmental Remediation Claims

The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA 60 [Paramount]. Section 218 of Alberta's Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA) gives a judge discretion to extend a limitation period "where the basis for the proceeding is an alleged adverse effect resulting from the alleged release of a substance into the environment". However, no extension was granted in the case of a claim for remediation costs against other alleged contributors to a pipeline spill.

Lower Court Rejects Claim as Out of Time