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The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA 60. Section 218 of Alberta s Environmental Protection and Enhancement Act, RSA 2000, c E-12 gives a judge discretion to extend a limitation period where the basis for the proceeding is an alleged adverse effect resulting from the alleged release of a substance into the environment. However, no extension was granted in the case of a claim for remediation costs against other alleged contributors to a pipeline spill. ....
Civil Practice Note 7, entitled “Vexatious Application/Proceeding Show Cause Procedure” CPN 7, is a useful tool to manage hopeless litigation quickly and efficiently. Introduced in 2018, it is a summary procedure under Rule 3.68 of the Alberta Rules of Court that may be used to address a “claim, defence, action, application, or proceeding that appears on its face to be frivolous, vexatious, or otherwise an abuse of process.” It is intended as a “fair and proportionate mechanism to respond to apparently abusive litigation”. ....
Leaving the Court in Peace: the Alberta Court of Appeal Applies Narrow Limitations Exception for Declaratory bennettjones.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from bennettjones.com Daily Mail and Mail on Sunday newspapers.
Thirty-five years since the explosive soul band burst from the pages of Roddy Doyle’s novel, The Commitments are set to return in a new production. ....