The Supreme Court has granted leave to appeal from a decision of the Federal Court of Appeal that overturned an award of court costs to a pipeline landowner. In 1999, Alliance constructed a pipeline across Vernon Smith's Alberta property. A dispute arose over payment for restoration work Smith performed himself after the construction, and a claim was made for compensation before the Pipeline Arbitration Committee appointed under the National Energy Board Act. As part of that claim, Smith also claimed court costs related to an unsuccessful injunction action brought by Alliance. The Committee awarded Smith his costs (not already covered by the costs award of the court). The Federal Court of Appeal overturned the award. Now the Supreme Court will decide the issue.
A hearing has been scheduled tentatively for October 5, 2010 at 9:30 a.m.
This gentleman is certainly having to wait a long time for a definitive decision. Kudos to him for continuing to fight - landowners tend to be treated in an unfair manner when it comes to pipelines. They are treated like they are a business entering into a business deal or arrangement....this is not really a representation of what is happening. It's actually a little business or individual having no choice but to sign legal papers with a Big Corporation. And then Government agencies aren't even helpful to the little guy (or gal).
ReplyDeleteIt's an inequitable, and unasked for business deal...with little recourse if you don't want the deal....so not quite a business deal at all.
I agree with the Kudos. It still amazes me how many landowners out there still just sit back and take whatever the pipeline and thier land agents give and/or tell them. If a few more landowners would stand up for themselves instead of saying that's better than we ever got before, we would all be better off.
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