Ridout Barron

800-539-1377
587-315-8454

Fracking case may go to the Supreme Court

After losing an appeal, a property owner in northeast Calgary plans to take her lawsuit against an Alberta energy regulator to the Supreme Court. On Sept. 15, the Alberta Court of Appeal upheld a previous ruling by an Alberta Court of Queen's Bench judge who said that the woman could not sue Encana. The initial court ruling last fall found that the company was immune from civil claims.

The property owner claims that the water on her property has been so polluted by hydraulic fracturing, also known as fracking, that it causes burns to skin. She blames Encana and the province for the contamination of her water supply by chemicals. Although the woman's own water well has been affected, she says her commitment to litigation and appeals is about helping the broader community.

According to the plaintiff, she would never have pursued the lawsuit if she were the only person affected by fracking. She claims that fracking companies all over the country are harming everybody's drinking water. Despite her lawyers warning that the Supreme Court only hears one out of every ten cases, the woman has chosen to go ahead with hers. She will have 60 days from the time her last appeal was lost to apply for a leave to appeal to the Supreme Court.

Appeals differ from regular court trials, and a plaintiff may wish to seek representation from a lawyer before and during the appeal process. A lawyer may be able to help the plaintiff to prepare a strong appeal factum that will be presented to the panel of judges at the Supreme Court.

Source: 630 CHED, "Alberta fracking case could go to Supreme Court", Brenton Driedger, September 15, 2014

No Comments

Leave a comment
Comment Information

Contact

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an lawyer-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Contact

Ridout Barron
1827 14th Street SW
Calgary, AB T2T 3T1

Phone: 587-315-8454
Fax: 403-271-8016
Calgary Law Office Map

We Use Skype