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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.

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Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8

Link to Decision Summarized Download Summary in PDF Administrative Law – Judicial Review v. Statutory Appeal Application Ummugulsum Yatar (“Ms. Yatar”) contested the denial of her insurance benefits, following an accident in 2010. After having her application...

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...

Tsleil-Waututh Nation v. Canada (Attorney General) (2018 FCA 153)

In this decision, the Federal Court of Appeal (“FCA”) considered consolidated applications for judicial review by Aboriginal groups and two cities (Vancouver and Burnaby) (the “Applicants”), seeking to quash decisions of the NEB and Governor in Council (“GiC”) approving the Trans Mountain Expansion Project (the “Project”), namely:

(a)     the NEB decision report dated May 19, 2016 (the “NEB Report”); and

(b)     the Order in Council, PC 2016-1069, dated November 29, 2016, made by the GiC (the “Order in Council”).

The Applicants challenged the Order in Council on two principal grounds: (1) the NEB’s process and findings were so flawed that the GiC could not reasonably rely on the NEB Report; and (2) Canada failed to fulfill the duty to consult owed to Indigenous peoples.

The FCA allowed the applications for judicial review of the Order in Council, quashed the Order in Council and remitted the matter to the GiC for redetermination.

Bigstone Cree Nation v. Nova Gas Transmission Ltd. (2018 FCA 89)

In this decision, the Federal Court of Appeal (“FCA”) considered an application by Bigstone Cree Nation (“Bigstone”) for judicial review of Order in Council P.C. No. 2016-962 (the “Order”) made by the Governor in Council (the “GIC”) dated October 28, 2016. The Order directed the NEB to issue an environmental assessment decision statement concerning the 2017 Nova Gas Transmission Ltd. (“NGTL”) System Expansion Project in northern Alberta (the “Project”), and to issue the Certificate of Public Convenience and Necessity GC-126 (the “CPCN”) authorizing the construction and operation of the Project.

For the reasons summarized below, the FCA dismissed Bigstone’s application, finding that the Crown had adequately fulfilled its duty to consult and accommodate Bigstone.

Athabasca Chipewyan First Nation v. Alberta (2018 ABQB 262)

In this decision, the Alberta Court of Queen’s Bench (“ABQB”) considered an application for judicial review of a decision of the Aboriginal Consultation Office (“ACO”), dated July 17, 2014 (the “ACO Decision”). The ACO Decision found that a duty to consult with the Athabasca Chipewyan First Nation (“ACFN”) was not triggered in relation to a pipeline project. The pipeline project, entitled Grand Rapids, (the “Project”), was proposed in Treaty 8 territory, and the ACFN is a Treaty 8 First Nation. The Project was proposed by TransCanada Pipelines Limited and Phoenix Energy Holdings Limited (“TransCanada”).