Earlier this week the Supreme Court of Canada granted Jessica
Ernst leave to appeal a ruling of the Alberta Court of Appeal. The
ruling confirmed a lower court decision to strike out portions of
Ernst's claim for not disclosing a reasonable cause of action.
The Court of Appeal decision upheld a prohibition on the ability of
an individual to bring a claim against a regulator and the
application of immunity clauses to claims for damages in tort and
breach of the Canadian Charter of Rights and Freedoms
("Charter").
Facts
Jessica Ernst resides in Rosebud, Alberta. She alleges fluid
used by EnCana in hydraulic fracturing operations contaminated the
aquifers which provide her well with water. She also alleges that
the Energy Resources Conservation Board ("ERCB" - now the
Alberta Energy Regulator) and Alberta Environment
("AENV") failed in their regulatory duties to protect her
water and investigate her claims.
