Case information
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40121
Benga Mining Limited v. Alberta Energy Regulator, 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) |
|---|---|---|
| 2022-10-27 | Close file on Leave | |
| 2022-09-29 |
Decision on motion to extend time, see judgment on leave Granted |
|
| 2022-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-09-29 | Judgment on leave sent to the parties | |
| 2022-09-29 |
Judgment of the Court on the application for leave to appeal, Revised October 20, 2022 The motion for an extension of time to file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2101-0196AC, 2022 ABCA 30, dated January 28, 2022, is dismissed with costs to the respondent Municipal District of Ranchland No. 66. Dismissed, with costs |
|
| 2022-08-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-22 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-06-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-07-04, (Printed version filed on 2022-06-20) | Benga Mining Limited |
| 2022-06-08 | Certificate (on limitations to public access), 23A | Alberta Energy Regulator |
| 2022-06-08 | Notice of name | Alberta Energy Regulator |
| 2022-06-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-14, (Printed version filed on 2022-06-10) | Alberta Energy Regulator |
| 2022-06-08 | Certificate (on limitations to public access), 23A | Municipal District of Ranchland No. 66 |
| 2022-06-08 | Notice of name | Municipal District of Ranchland No. 66 |
| 2022-06-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-14, (Printed version filed on 2022-06-10) | Municipal District of Ranchland No. 66 |
| 2022-05-17 | Response to the motion to extend the time to file and / or serve the leave application, The Respondent does not oppose the Applicant’s Motion for an Extension of Time , Completed on: 2022-06-14 | Municipal District of Ranchland No. 66 |
| 2022-05-17 | Response to the motion to extend the time to file and / or serve the leave application, Respondents do not oppose the Applicant's motion to extend time, Completed on: 2022-06-14 | Alberta Energy Regulator |
| 2022-05-16 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-06-14 | Benga Mining Limited |
| 2022-05-10 |
Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-05-10 |
|
| 2022-04-01 | Correspondence received from, Notice of change of Counsel | Alberta Energy Regulator |
| 2022-03-31 | Book of authorities, (Book Form), Completed on: 2022-05-10, (Printed version due on 2022-04-07) | Benga Mining Limited |
| 2022-03-30 | Certificate (on limitations to public access), 23A | Benga Mining Limited |
| 2022-03-30 | Notice of name | Benga Mining Limited |
| 2022-03-30 |
Application for leave to appeal, (Book Form), Required: - Motion to extend time (rec'd 2022-05-16), Completed on: 2022-06-14, (Printed version filed on 2022-04-05) |
Benga Mining Limited |
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 |
|---|---|---|
| Benga Mining Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Alberta Energy Regulator | Respondent | Active |
| Joint Review Panel for the Grassy Mountain Coal Project Acting in its Capacity as the Alberta Energy Regulator | Respondent | Active |
| Municipal District of Ranchland No. 66 | Respondent | Active |
Counsel
Party: Benga Mining Limited
Counsel
Sean Sutherland
Erin R. J. Bower
225 - 6th Avenue
Suite 2700, Brookfield Place
Calgary, Alberta
T2P 1N2
Telephone: (403) 260-7000
FAX: (403) 260-7024
Email: mignasiak@osler.com
Agent
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1015
FAX: (613) 235-2867
Email: glangen@osler.com
Party: Alberta Energy Regulator
Counsel
Barbara S. Kapel Holden
Lindsey N. Mosher
1000, 250 - 5th Street SW
Calgary, Alberta
T2P 0R4
Telephone: (403) 297-3488
Email: meighan.lacasse@aer.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Joint Review Panel for the Grassy Mountain Coal Project Acting in its Capacity as the Alberta Energy Regulator
Counsel
Barbara S. Kapel Holden
Lindsey N. Mosher
1000, 250 - 5th Street SW
Calgary, Alberta
T2P 0R4
Telephone: (403) 297-3488
Email: meighan.lacasse@aer.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Municipal District of Ranchland No. 66
Counsel
Ryan J. Barata
900, 3326T Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 262-3775
FAX: (403) 262-2952
Email: niven@carscallen.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Appeals — Leave to appeal — Administrative law — Boards and tribunals — Which of two conflicting lines of authority on the threshold for assessing permission or leave to appeal on issues of law or jurisdiction is proper — Where a statute provides for appellate review, is an administrative tribunal required to provide reasons for deciding a central issue based on prima facie unreliable evidence?
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.
Benga Mining Limited sought approval to construct and operate an open-pit coal mine in Alberta. A Joint Review Panel established by Alberta and Canada rendered a decision that the proposed mine was not in the public interest. Alberta’s Energy Regulator denied approval. The Court of Appeal of Alberta dismissed an application by Benga Mining Limited for leave to appeal.
Lower court rulings
Court of Appeal of Alberta (Calgary)
2022 ABCA 30, 2101-0196AC
Application for leave to appeal dismissed
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.
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Downloadable PDFs
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Related links
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.
Downloadable PDFs
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