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Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

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. ....

Julia Schatz , Ciara Mackey , Scott Bower , Laura Gill , Sarah Gilbert , Dayo Ogunyemi , Resources Ltdv Grey Owl Engineering Ltd , Written By Laura Gill , Paramount Resources Ltd , Grey Owl Engineering Ltd , Environmental Protection , Enhancement Act , Court Rejects Claim , Alberta Court Declines , Extend Limitation Period , Contamination Claim , Limitations Act , Tort Feasors Act , Appeal Court ,