The saga of Rosebud, AB resident Jessica Ernst continues (
click here to read the original email alert).
On the heels of a recent Court of Appeal ruling which found Ms.
Ernst could not sue the Energy Resources Conservation Board
("ERCB"), Chief Justice Wittmann has dismissed an
application by Alberta Environment ("AENV") to strike the
claim against it. In denying the application, the Chief Justice has
cleared the path for Ernst to argue that AENV owed her a private
duty of care and is liable to her for damages (see Ernst v. EnCana Corporation, 2014
ABQB 672).
Facts
Ms. Ernst has been engaged in a lengthy legal battle with
EnCana, the ERCB, AENV, and others in relation to alleged
contamination of her water well. Ms. Ernst contends fracking fluid
used by EnCana contaminated the Rosebud aquifers which provide her
well water.
