Case Law Update: Alberta Court of Appeal Confirms that a Plaintiff May Lose the Right to Sue for Historic Contamination Because of the Passage of Time and Procedural Requirements

On February 6, 2019, the Alberta Court of Appeal upheld the proclamation of the Alberta Court of Queen’s Bench in Brookfield Residential (Alberta) LP (Carma Developers LP) (“Brookfield”).  The Court of Appeal found that the plaintiff was out of time to bring its claim forward and that an extension of the ultimate limitation period was not merited.  The Court of Appeal provided further guidance about when an extension of an ultimate limitation period for historic environmental contamination may or may not be allowed.

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