Canadian Courts Refuse To Settle For Weak Privacy Rights: "Imperial Oil Limited v Alberta"

Overview

Last week, the Supreme Court of Canada ("SCC") dismissed leave to appeal the Alberta Court of Appeal ("ABCA") decision in Imperial Oil Limited v Alberta., thereby endorsing the ABCA's approach to settlement privilege in the context of applications under the Freedom of Information and Protection of Privacy Act ("FOIPP").¹ Settlement privilege is alive, well, and strongly protected in Alberta, even in the more public regulatory context, as long as parties fall within the exceptions set out in ss. 16 and 27 of FOIPP.

Facts

Imperial Oil Limited ("Imperial") operated a refinery in the Lynnview Ridge area of southeast Calgary until it was decommissioned in 1975. Petroleum and lead contamination was discovered in the lands after it had been developed into a residential area. In the early 2000s, environmental protection orders relating to the cleanup were issued, some of which Imperial appealed. After a mediation process, Imperial and the Alberta Environment