Case information
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36254
JH Drilling Inc. v. Alberta Natural Resources Conservation Board, et al.
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-05-07 | Close file on Leave | |
| 2015-05-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-05-01 | Judgment on leave sent to the parties | |
| 2015-04-30 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Numbers 1303-0246-AC and 1403-0055-AC, 2014 ABCA 134, dated April 15, 2014, is dismissed. The motion for an extension of time to serve and file an application for leave to appeal from the judgments of the Court of Appeal of Alberta (Edmonton), Numbers 1303-0246-AC and 1403-0055-AC, 2014 ABCA 223, dated July 4, 2014, and 2014 ABCA 312, dated September 22, 2014, is dismissed. The application for leave to appeal from the judgments of the Court of Appeal of Alberta (Edmonton), Numbers 1303-0246-AC and 1403-0055-AC, 2014 ABCA 378, dated November 13, 2014, and 2014 ABCA 445, dated December 18, 2014, is dismissed with costs to the respondent, Parsons Creek Aggregates. Dismissed, with costs |
|
| 2015-04-30 |
Decision on motion to extend time to file and /or serve the leave application Dismissed |
|
| 2015-03-30 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2015-03-30 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Côt | |
| 2015-02-27 | Applicant's reply to respondent's argument, Reply to Parsons Creek Aggregates, Completed on: 2015-02-27 | JH Drilling Inc. |
| 2015-02-20 | Applicant's reply to respondent's argument, Reply to NRCB, Completed on: 2015-02-20 | JH Drilling Inc. |
| 2015-02-13 | Certificate (on limitations to public access) | Parsons Creek Aggregates |
| 2015-02-13 | Notice of name | Parsons Creek Aggregates |
| 2015-02-13 | Respondent's response on the application for leave to appeal, Completed on: 2015-02-13 | Parsons Creek Aggregates |
| 2015-02-10 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2015-02-10 | Alberta Natural Resources Conservation Board |
| 2015-01-26 | Correspondence received from, John Harms dated 2015-01-23. Re: Filing of the C/A orders | JH Drilling Inc. |
| 2015-01-21 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2015-01-21 | JH Drilling Inc. |
| 2015-01-15 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2015-01-15 | |
| 2015-01-13 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2015-01-12 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | JH Drilling Inc. |
| 2015-01-12 | Notice of name, (Included in the application for leave to appeal) | JH Drilling Inc. |
| 2015-01-12 | Application for leave to appeal, C/A orders rec'd on 2015-01-26 and motion for extension of time rec'd on 2015-01-21 - (3 volumes), Completed on: 2015-01-26 | JH Drilling Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| JH Drilling Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alberta Natural Resources Conservation Board | Respondent | Active |
| Parsons Creek Aggregates | Respondent | Active |
Counsel
Party: JH Drilling Inc.
This party is not represented by counsel.
Party: Alberta Natural Resources Conservation Board
Counsel
250 - 5th Avenue S.W.
Suite 1910
Calgary, Alberta
T2P 0R4
Telephone: (403) 297-4304
FAX: (403) 662-3994
Email: bill.kennedy@nrcb.ca
Party: Parsons Creek Aggregates
Counsel
600, 12220 Stoney Plain Road
Edmonton, Alberta
T5N 3Y4
Telephone: (780) 482-9226
FAX: (780) 482-9100
Email: rkruhlak@mross.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Administrative law — Natural Resources Conservation Board — Whether anyone should be entitled to a formal hearing by the Natural Resources Conservation Board — Whether the Board should discuss concerns about a project when a formal hearing is not granted — Whether decision-making bodies should be required to consider greenhouse gases should be considered by the Board — Whether the amended Alberta Rules of Court should have been applied here — Whether an applicant has to receive leave to appeal multiple times — Whether you have to be a classical landowner in order to be “directly affected” within the meaning of s. 8(3) of the Natural Resources Conservation Board Act — Whether contracts law and farmout agreements bind the Government of Alberta — Whether the Natural Resources Conservation Board lost jurisdiction by failing to give a fair hearing or any hearing on the matter of standing — Whether the Natural Resources Conservation Board erred in law in finding that JH Drilling was not “directly affected” within the meaning of s. 8(3).
Parsons Creek Aggregates Ltd. applied for regulatory approval for constructing and operating a limestone quarry. JH Drilling Inc. objected, saying that it had explored some of the same lands and had applied for a Surface Materials Lease to develop clay, sand and gravel on those lands. The NRCB found that JHD did not have standing in respect of the Parsons application because it was not “directly affected” by the project within the meaning of the Natural Resources Conservation Board Act, R.S.A. 2000, c. N-3. Specifically, it did not own or lease the land subject to the lease application. As there was no objection to the application from a person with standing, it was not necessary to hold a public hearing. Parsons’ application was approved by written decision of the NRCB in February 2014. JHD sought and was granted leave to appeal, but a motion to reargue was granted. Leave to appeal that decision was denied. Leave to appeal that decision and the previous decision, and a motion to stay those leave applications, were also denied. A motion for leave to reargue those applications for leave to appeal was then dismissed, and directions on costs were given.
Lower court rulings
Energy Resources Conservation Board
NR 2014-01
Parsons application approved, subject to certain undertakings, commitments and conditions
Court of Appeal of Alberta (Edmonton)
1303-0246-AC, 1403-0055-AC, 2014 ABCA 223
Motion for leave to reargue motion for leave to appeal granted
Court of Appeal of Alberta (Edmonton)
1303-0246-AC, 1403-0055-AC, 2014 ABCA 312
Motion for leave to appeal decision granting leave to reargue decision rendered July 4, 2014, dismissed
Court of Appeal of Alberta (Edmonton)
1303-0246-AC, 1403-0055-AC, 2014 ABCA 378
Applications to stay applications for leave to appeal decisions rendered July 4, 2014, and September 22, 2014, denied; applications for leave to appeal those decisions dismissed
Court of Appeal of Alberta (Edmonton)
1303-0246-AC, 1403-0055-AC, 2014 ABCA 445
Motion for leave to reargue applications for leave to appeal rendered July 4, 2014, and September 22, 2014, dismissed; with specified costs
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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