A Travesty Of Justice Reversed!
Alberta Surface Rights Group is pleased to announce that today, in the Alberta Court of Appeal, there was a significant judgement affecting all landowners in Alberta.
After a lot of time, effort and money, by our group, we are pleased to see justice served in an Alberta court against the bullying tactics used by the ERCB to deny three ladies their rights! This is a real win for Susan Kelly, Linda McGinn, and Lillian Duperron. This was also a real win for our landowner group and in fact, this was a big win for all Albertans.
The case was Kelly et al vs Grizzly Resources and the ERCB.
A brief history of this case is in order. In 2008 these three women, living within the emergency planning zone of a proposed Grizzly Resources sour gas well, objected to that well and sought a hearing at the Energy Resources Conservation Board (ERCB). They sought out the services of Edmonton based lawyer, Jennifer Klimek, and incurred some serious expenses preparing to argue their case. The Energy Resources Conservation Board heard their arguments and denied their objection on the grounds their personal land was not affected by the sour gas well.
At this time the appellants instructed Ms. Klimek to appeal their case to the Alberta court of Appeal. At the Alberta Court of Appeal Ms. Klimek argued that indeed their land was affected by the very fact the sour gas well would put their health at risk and devalue their property.
The Appeal court ruled in favour of Kelly et al and found that the ERCB had indeed erred in their decision to dismiss their right to object to the sour gas well.
Now comes the odd part of this case. Between the Appeal Court decision and a newly scheduled ERCB hearing into Kelly et al vs Grizzly Resources, the ERCB decided to vastly shrink the distances of the Emergency Planning Zone….citing an error in their own calculations same EPZ calculations that the ERCB had so vigorously defended in the previous court case! This convenient error, now put Kelly, McGinn, and Duperron outside the EPZ.
The ERCB promptly held another hearing, and found Kelly et al did not live within the new EPZ….. and therefore found, they had no right to object! They further denied these women the right to cost recovery based on this ruling! Truly as disgraceful an act we have ever seen in Alberta.
Make no mistake here: the ERCB was sending a clear message to all Albertans…….you oppose any of our dictates and we will punish you financially!
Ms. Klimek, on behalf of her clients, applied to the Court of Appeal, for a judgement on the cost recovery issue. This was such a blatant and overt display of a government entity running roughshod over the rights of the individual, that it cried out for judiciary redress.
Alberta Surface Rights Group became involved at this point. Recognizing that this was a watershed moment for property rights in Alberta, we engaged our own lawyer, Mr. Shawn Fluker of Calgary, and sought intervener status with the Court of Appeal.
Mr. Fluker, who is a member of the U of C law faculty, argued our case before The Appeal Court in Calgary, and on Dec 9/11 we won the right to intervener status over the opposition of Grizzly Resources and the ERCB.
On January 12/12 the Court of Appeal heard the cost recovery case in Kelly et al vs Grizzly Resources & the ERCB. Ms. Klimek had been in a bad accident and relied on a colleague to argue her case. The three judge panel of Justices Slatter, Bielby, and Read, rendered their verdict this morning at 10:30 AM granting cost recovery to the three women.
This court decision also confirms that a landowner nearby to a proposed ERCB facility can be directly and adversely affected to a greater degree than the adverse effect on the general public and that the current test used by the ERCB regarding adjacent landowners rights to a ERCB hearing is in violation of the laws of Alberta.
It is our opinion, and the opinion of our legal counsel, that this case sets a precedent for cost recovery when landowners are forced to go to hearings and courts to defend their property rights. No one should be bullied and forced to have their rights taken away by big oil and gas companies forcing their projects onto you.
Today was a win for all Albertans.
ASRG - The court decision is posted below under "Court Decisions".
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Alberta Surface Rights Group is pleased to announce that today, in the Alberta Court of Appeal, there was a significant judgement affecting all landowners in Alberta.
After a lot of time, effort and money, by our group, we are pleased to see justice served in an Alberta court against the bullying tactics used by the ERCB to deny three ladies their rights! This is a real win for Susan Kelly, Linda McGinn, and Lillian Duperron. This was also a real win for our landowner group and in fact, this was a big win for all Albertans.
The case was Kelly et al vs Grizzly Resources and the ERCB.
A brief history of this case is in order. In 2008 these three women, living within the emergency planning zone of a proposed Grizzly Resources sour gas well, objected to that well and sought a hearing at the Energy Resources Conservation Board (ERCB). They sought out the services of Edmonton based lawyer, Jennifer Klimek, and incurred some serious expenses preparing to argue their case. The Energy Resources Conservation Board heard their arguments and denied their objection on the grounds their personal land was not affected by the sour gas well.
At this time the appellants instructed Ms. Klimek to appeal their case to the Alberta court of Appeal. At the Alberta Court of Appeal Ms. Klimek argued that indeed their land was affected by the very fact the sour gas well would put their health at risk and devalue their property.
The Appeal court ruled in favour of Kelly et al and found that the ERCB had indeed erred in their decision to dismiss their right to object to the sour gas well.
Now comes the odd part of this case. Between the Appeal Court decision and a newly scheduled ERCB hearing into Kelly et al vs Grizzly Resources, the ERCB decided to vastly shrink the distances of the Emergency Planning Zone….citing an error in their own calculations same EPZ calculations that the ERCB had so vigorously defended in the previous court case! This convenient error, now put Kelly, McGinn, and Duperron outside the EPZ.
The ERCB promptly held another hearing, and found Kelly et al did not live within the new EPZ….. and therefore found, they had no right to object! They further denied these women the right to cost recovery based on this ruling! Truly as disgraceful an act we have ever seen in Alberta.
Make no mistake here: the ERCB was sending a clear message to all Albertans…….you oppose any of our dictates and we will punish you financially!
Ms. Klimek, on behalf of her clients, applied to the Court of Appeal, for a judgement on the cost recovery issue. This was such a blatant and overt display of a government entity running roughshod over the rights of the individual, that it cried out for judiciary redress.
Alberta Surface Rights Group became involved at this point. Recognizing that this was a watershed moment for property rights in Alberta, we engaged our own lawyer, Mr. Shawn Fluker of Calgary, and sought intervener status with the Court of Appeal.
Mr. Fluker, who is a member of the U of C law faculty, argued our case before The Appeal Court in Calgary, and on Dec 9/11 we won the right to intervener status over the opposition of Grizzly Resources and the ERCB.
On January 12/12 the Court of Appeal heard the cost recovery case in Kelly et al vs Grizzly Resources & the ERCB. Ms. Klimek had been in a bad accident and relied on a colleague to argue her case. The three judge panel of Justices Slatter, Bielby, and Read, rendered their verdict this morning at 10:30 AM granting cost recovery to the three women.
This court decision also confirms that a landowner nearby to a proposed ERCB facility can be directly and adversely affected to a greater degree than the adverse effect on the general public and that the current test used by the ERCB regarding adjacent landowners rights to a ERCB hearing is in violation of the laws of Alberta.
It is our opinion, and the opinion of our legal counsel, that this case sets a precedent for cost recovery when landowners are forced to go to hearings and courts to defend their property rights. No one should be bullied and forced to have their rights taken away by big oil and gas companies forcing their projects onto you.
Today was a win for all Albertans.
ASRG - The court decision is posted below under "Court Decisions".
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