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Blog: Court of Appeal Rules on Extending Limitation Periods in Contaminated Site Litigation


By Sean Parker & Gavin Fitch, Q.C.

On February 6, 2019, the Alberta Court of Appeal released its decision in Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2019 ABCA 35 (“Brookfield”). The Court of Appeal upheld the Court of Queen’s Bench decision where the Chambers Judge denied an application by the Plaintiff, Brookfield Residential, to extend the limitation period as permitted under section 218 of the Environmental Protection and Enhancement Act (“EPEA”). Instead, the Chambers Judge granted Imperial Oil’s application for summary dismissal, ending the action against it. In doing so, the Court of Appeal rejected a legal test for applying EPEA section 218 developed in another recent Queen’s Bench decision, Lakeview Village Professional Centre Corporation v Suncor Energy Inc, 2016 ABQB 288 (“Lakeview Village”), and clarified the law on this unique provision.

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