Leave to Appeal
The Supreme Court of Canada (“SCC”) granted Jessica Ernst leave to appeal the judgment of the Alberta Court of Appeal (“ABCA”) in Ernst v Alberta (Energy Resources Conservation Board), 2014 ABCA 285. In the decision on which the SCC has now granted leave, the ABCA dismissed Jessica Ernst’s claims on the following issues:
(a) Do the pleadings disclose a private law duty of care on the Energy Resources Conservation Board?
(b) Does s. 43 of the Energy Resources Conservation Act (“ERCA”) bar a claim for negligent omissions?
(c) Can s. 43 of the ERCA bar a Charter of Rights and Freedoms claim?
S. 43 of the ERCA states as follows:
No action or proceeding may be brought against the Board or a member of the Board or a person referred to in section 10 or 17(1) in respect of any act or thing done purportedly in pursuance of this Act, or any Act that the Board administers, the regulations under any of those Acts or a decision, order or direction of the Board.
(This section was repealed and replaced by s. 27 of the Responsible Energy Development Act.)
As is standard practice, the SCC did not provide its reasons for granting the leave application.
