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These articles by our expert team cover the details of various decisions made by the Alberta Energy Regulator (AER), Alberta Utilities Commision (AUC), and Canada Energy Regulator (CER). Browse our searchable archive below to learn more about the results we’ve achieved for our clients.

Shell Canada Limited v Alberta (Energy), 2023 ABCA 230

Link to Decision Summarized Oil – Judicial Review/Appeal Appeal This was an appeal by the Alberta Minister of Energy (“Minister” or “Appellant”) from an Alberta Court of King’s Bench order on judicial review. The judicial review judge quashed the Minister’s screening...

ATCO Electric Ltd. v Alberta Utilities Commission, 2023 ABCA 129

Link to Decision Summarized Rates - Stranded Assets Application ATCO Electric Ltd. (“AE”) appealed AUC Decision 21609-D01-2019 regarding ATCO Electric Ltd., Z Factor Adjustment for the 2016 Regional Municipality of Wood Buffalo Wildfire (the “Decision”). In the...

EQUS REA Ltd v Alberta (Utilities Commission), 2022 ABCA 61

Link to Decision SummarizedTariffs - Cost AllocationIn this decision, the Alberta Court of Appeal (“ABCA”) considered the applications from FortisAlberta Inc. (“FortisAB”), EQUS REA Ltd. (“EQUS”), and the Alberta Federation of Rural Electrification Associations...

TransAlta Corporation v Alberta (Utilities Commission), 2022 ABCA 37

Link to Decision SummarizedDecommissioning Costs - Associated FacilitiesIn this decision, the Alberta Court of Appeal (“ABCA”) majority dismissed TransAlta Corporation (“TransAlta”)’s appeal of AUC Decision 23778-D01-2021, where the AUC decided that it was not bound...

Hart v ATCO Electric Ltd, 2021 ABQB 162

Link to Decision SummarizedSurface Rights Board; Appeal; Compensation Payable In this matter, the Court granted an appeal a decision of the Alberta Surface Rights Board (“SRB”) in relation to the compensation payable to the Appellant arising from the presence of two...

ATCO Electric Ltd. v Alberta (Utilities Commission), 2019 ABCA 417

Link to Decision SummarizedRates - Information Technology Costs In this decision, ATCO Electric Ltd. and ATCO Gas and Pipelines Ltd. (the “Applicants”) sought permission to appeal an AUC decision that allowed only part of the Applicants’ information technology (“IT”)...

Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40

In this decision, the Supreme Court of Canada (“SCC”) considered an appeal by the Mikisew Cree First Nation from the judgment of the Federal Court of Appeal (“FCA”) in Canada (Governor General in Council) v. Mikisew Cree First Nation, 2016 FCA 311 (the “FCA Decision”).

The SCC dismissed the appeal (upholding the FCA Decision) on the grounds that judicial review to the Federal Court under the Federal Courts Act was not available for the actions of federal ministers in the parliamentary process.

Sawyer v. TransCanada Pipeline Limited (2017 FCA 159)

Decision ReportFederal Work and Undertaking - Section 92(1)(a) – NEB Jurisdiction – Prima Facie Test In this decision, the Federal Court of Appeal (“FCA”) considered an appeal by Mr. Sawyer from an NEB decision (the “NEB Decision”). The NEB Decision subject to appeal...

Tseil-Wautuh Nation v National Energy Board (2016 FCA 219)

The Tsleil-Waututh Nation (“TWN”) appealed from three interlocutory decisions of the NEB in the context of the NEB’s review of Trans Mountain Pipeline ULC (“TM”)’s application for the construction of a pipeline project (the “Project”).

Orphan Well Assn. v Grant Thornton Ltd. (2016 ABCA 238)

The Canadian Association of Petroleum Producers (“CAPP”), the Canadian Association of Insolvency and Restructuring Professionals (“CAIRP”), the Attorney General for Saskatchewan (“Saskatchewan”), Her Majesty the Queen in Right of the Province of British Columbia as represented by the Ministry of Natural Gas Development and the British Columbia (“BC”) Oil and Gas Commission (the “BC Applicants”) (collectively, the “Intervener Applicants”), sought leave from the Alberta Court of Appeal (“ABCA”) to participate as interveners in a Constitutional appeal concerning division of powers and the doctrine of paramountcy.

Gitxaala Nation v Canada, 2016 FCA 187

The FCA held that reliance on an administrative or regulatory tribunal can fulfill Canada’s duty to consult. However, the FCA held that because Canada planned further consultations beyond the FCA process, Canada had not inappropriately delegated or relied on the JRP process to fulfill its duty to consult. Accordingly, the FCA dismissed this alleged flaw in the consultation process, holding that Canada’s efforts were reasonable.

ATCO Gas and Pipelines Ltd. v Alberta (Utilities Commission), 2015 SCC 45

In a unanimous decision, the Supreme Court of Canada (“SCC”) dismissed the appeal of ATCO Gas and Pipelines Ltd. and ATCO Electric Ltd. (collectively, “ATCO”) in respect of AUC Decision 2011-391. AUC Decision 2011-391 denied ATCO’s request to recover 100 percent of the annual consumer price index (“CPI”) cost of living adjustment (“COLA”) amounts as part of its pension costs for 2012 (the “AUC Decision”).