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When is the right to sue for damages from historic contamination lost?

Tuesday, January 23, 2018 @ 9:28 AM | By Jacquelyn Stevens

The discovery of historic contamination can be problematic for a plaintiff in Alberta, a jurisdiction with a 10-year ultimate limitation period under the Limitations Act. But what if the historic contamination was caused by a previous operator at the property decades ago? The Alberta Court of Queen’s Bench recently considered this issue.

In Lakeview Village Professional Centre Corp. v. Suncor Energy Inc. 2016 ABQB 288, the court was tasked with interpreting s. 218 of Alberta’s Environmental Protection and Enhancement Act (EPEA), which allows a plaintiff to seek...