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Wednesday, January 13, 2010

Landowner Pipeline Court Costs Case to go to Supreme Court

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.