2017 Soybean Harvest

2017 Soybean Harvest

Saturday, April 24, 2010

Alberta landowners seeking to intervene in Supreme Court of Canada case in Smith v. Alliance Pipelines

A number of Alberta landowners including those involved in the Balisky matter that went before the Federal Court of Appeal (where it was determined that landowners in that case could be compensated for damages related to the National Energy Board's 30-metre control zone) have asked for leave to intervene in the upcoming Supreme Court of Canada hearing in Smith v. Alliance Pipelines.  That case, scheduled to be heard this October, deals with the authority of the Pipeline Arbitration Committee under the National Energy Board Act to award costs of a related court action as damages suffered by the landowner.  The arbitrator awarded the costs and the Federal Court of Appeal overturned the decision. 

It is certainly a rarity that a case like this proceeds to the Supreme Court.  Hopefully it will provide further clarity about the compensation arbitration process under the NEB Act. 

Also note that the Pipeline Arbitration Committee itself has declined to participate in the appeal.