Case information
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41701
His Majesty the King in Right of Alberta, et al. v. Cabin Ridge Project Limited, Cabin Ridge Holdings Limited, Atrum Coal Limited, Elan Coal Limited, 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) |
|---|---|---|
| 2025-07-21 | Close file on Leave | |
| 2025-07-21 | Correspondence (sent by the Court) to, RE: Certificate of Taxation | |
| 2025-07-21 | Certificate of taxation issued to, Maureen E. Killoran, K.C. | |
| 2025-07-21 | Decision on the bill of costs, in the amount of $1,038.70, Reg | |
| 2025-07-21 | Submission of the bill of costs, Reg | |
| 2025-07-21 | Certificate of taxation issued to, Justin R. Lambert | |
| 2025-07-21 | Decision on the bill of costs, in the amount of $1,019.80, Reg | |
| 2025-07-21 | Submission of the bill of costs, Reg | |
| 2025-05-01 | Response to the bill of costs, Completed on: 2025-06-16 | His Majesty the King in Right of Alberta |
| 2025-04-23 | Bill of costs, UNDER REVIEW,, Completed on: 2025-07-09 | Black Eagle Mining Corporation and Montem Resources Alberta Operations Ltd. |
| 2025-04-22 | Bill of costs, UNDER REVIEW, Completed on: 2025-04-23 | Cabin Ridge Project Limited, Cabin Ridge Holdings Limited, Atrum Coal Limited, Elan Coal Limited |
| 2025-04-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-04-17 | Judgment on leave sent to the parties | |
| 2025-04-17 |
Judgment of the Court on the application for leave to appeal, The motion for a stay of proceedings is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Numbers 2401-0125AC and 2401-0126AC, 2025 ABCA 53, dated February 18, 2025, is dismissed with costs in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2025-04-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-04-01 | Correspondence received from, (Letter Form), Relevant to the Motion for a stay of execution, (Printed version filed on 2025-04-02) | His Majesty the King in Right of Alberta |
| 2025-03-31 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-04-01, (Printed version due on 2025-04-07) | His Majesty the King in Right of Alberta |
| 2025-03-28 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-03-31) | Cabin Ridge Project Limited, Cabin Ridge Holdings Limited, Atrum Coal Limited, Elan Coal Limited |
| 2025-03-28 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-03-31) | Cabin Ridge Project Limited, Cabin Ridge Holdings Limited, Atrum Coal Limited, Elan Coal Limited |
| 2025-03-28 | Notice of name, (Letter Form), (Printed version filed on 2025-03-31) | Cabin Ridge Project Limited, Cabin Ridge Holdings Limited, Atrum Coal Limited, Elan Coal Limited |
| 2025-03-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-03-31, (Printed version filed on 2025-03-31) | Cabin Ridge Project Limited, Cabin Ridge Holdings Limited, Atrum Coal Limited, Elan Coal Limited |
| 2025-03-28 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-04-04) | Black Eagle Mining Corporation and Montem Resources Alberta Operations Ltd. |
| 2025-03-28 | Notice of name, (Letter Form), (Printed version due on 2025-04-04) | Black Eagle Mining Corporation and Montem Resources Alberta Operations Ltd. |
| 2025-03-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-04-03, (Printed version due on 2025-04-04) | Black Eagle Mining Corporation and Montem Resources Alberta Operations Ltd. |
| 2025-03-27 | Application for leave to appeal, (Book Form), Completed on: 2025-03-27, (Printed version filed on 2025-03-28) | His Majesty the King in Right of Alberta |
| 2025-03-26 | Order issued on motion for a stay of execution, by JUSTICE MARTIN | |
| 2025-03-26 |
Decision on the motion for a stay of execution, UPON APPLICATION by the applicants, pursuant to section 65.1 (1) of the Supreme Court Act and Rule 6 and 47 of the Rules of the Supreme Court of Canada, for a stay of the judgment of the Court of Appeal of Alberta, Numbers 2401-0125AC and 2401-0126AC, 2025 ABCA 53, dated February 18, 2025, until the application for leave to appeal is dismissed or, if leave to appeal is granted, until the appeal is disposed of, and for an order to expedite the motion for a stay of proceedings; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to expedite the motion for a stay of proceeding is granted. The motion for a stay of proceeding is referred to the Court. The decision of the Court of Appeal of Alberta dated February 18, 2025, is stayed on an interim basis pending the decision on the application for leave to appeal. The consideration of the application for leave to appeal shall be expedited. The schedule for serving and filing the material in the above-mentioned file is set as follows: • The applicants shall serve and file the complete and compliant application for leave to appeal on March 27, 2025. • The respondents shall serve and file their responses to the application for leave to appeal on or before March 28, 2025. • The applicants shall serve and file the reply, if any, on or before March 31, 2025. If the application for leave to appeal is not served and filed on March 27, 2025, the motion for a stay of proceedings will be dismissed on the terms set out in the reasons for decision of Antonio J. of the Court of Appeal of Alberta, dated March 25, 2025. Judgment accordingly |
|
| 2025-03-26 | Submission of motion for a stay of execution | |
| 2025-03-25 | Response to the motion for a stay of execution, (Letter Form), Completed on: 2025-03-26, (Printed version filed on 2025-03-26) | Cabin Ridge Project Limited, Cabin Ridge Holdings Limited, Atrum Coal Limited, Elan Coal Limited |
| 2025-03-25 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-03-26) | Cabin Ridge Project Limited, Cabin Ridge Holdings Limited, Atrum Coal Limited, Elan Coal Limited |
| 2025-03-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-03-26) | Cabin Ridge Project Limited, Cabin Ridge Holdings Limited, Atrum Coal Limited, Elan Coal Limited |
| 2025-03-25 | Response to the motion for a stay of execution, (Letter Form), Completed on: 2025-03-26, (Printed version due on 2025-04-01) | Black Eagle Mining Corporation and Montem Resources Alberta Operations Ltd. |
| 2025-03-25 | Motion for a stay of execution, (Book Form), Completed on: 2025-03-25, (Printed version due on 2025-04-01) | His Majesty the King in Right of Alberta |
| 2025-03-11 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2025-03-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-03-17) | His Majesty the King in Right of Alberta |
| 2025-03-10 | Notice of application for leave to appeal, (Letter Form), Completed on: 2025-03-10, (Printed version filed on 2025-04-02) | His Majesty the King in Right of Alberta |
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 |
|---|---|---|
| His Majesty the King in Right of Alberta | Applicant | Active |
| His Majesty the King in Right of Alberta as represented by the Minister of Energy | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cabin Ridge Project Limited, Cabin Ridge Holdings Limited, Atrum Coal Limited, Elan Coal Limited | Respondent | Active |
| Black Eagle Mining Corporation and Montem Resources Alberta Operations Ltd. | Respondent | Active |
Counsel
Party: His Majesty the King in Right of Alberta
Counsel
Melissa N. Burkett
639 5th Avenue SW
Suite 1710
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-4433
FAX: (403) 662-3824
Email: cynthia.hykaway@gov.ab.ca
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: His Majesty the King in Right of Alberta as represented by the Minister of Energy
Counsel
Melissa N. Burkett
639 5th Avenue SW
Suite 1710
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-4433
FAX: (403) 662-3824
Email: cynthia.hykaway@gov.ab.ca
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Cabin Ridge Project Limited, Cabin Ridge Holdings Limited, Atrum Coal Limited, Elan Coal Limited
Counsel
Sean Sutherland
Erin R.J. Bower
Suite 2700, Brookfield Place
225 - 6th Avenue S.W.
Calgary, Alberta
T2P 1N2
Telephone: (403) 260-7000
FAX: (403) 260-7024
Email: mkilloran@osler.com
Agent
Suite 320, 100 Queen Street
World Exchange Plaza
Ottawa,, Ontario
K1P 1J9
Telephone: (613) 787-1102
FAX: (416) 862-6666
Email: SCCAgent@osler.com
Party: Black Eagle Mining Corporation and Montem Resources Alberta Operations Ltd.
Counsel
Tyler D. McDonough
4500 Bankers Hall East
855 – 2nd Street SW
Calgary, Alberta
T2P 4K7
Telephone: (403) 298-3046
Email: lambertj@bennettjones.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Civil procedure — Discovery — Examination for discovery — Crown immunity — Application for order for questioning of Minister of Energy and Minister of Environment and Parks — Case management judge ordering ministers not attend for questioning — Court of Appeal ruling case management judge erred in applying applicable test for determining whether a minister and former minister should be ordered to attend for questioning — Court of Appeal ordering Minister of Energy attend for questioning — When is a minister of the Crown compellable to attend for pre-trial questioning for discovery in proceedings against the Crown? — To what extent can a minister of the Crown be questioned for discovery regarding policy choices in the face of presumptively valid subordinate legislation? — Proceedings Against the Crown Act, R.S.A. 2000, c. P-25, ss. 1 and 11 — Alberta Rules of Court, Alta. Reg. 124/2010, r. 5.17(1)(b)(i).
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.
The respondents own freehold and leasehold mineral rights in coal resources in Alberta. They claim that a series of ministerial decisions, orders, and directions by ministers in the Alberta government resulted in a constructive taking of their interests and that they are entitled to compensation.
These applications arise from the respondents’ applications for orders requiring the former Alberta Minister of Energy, Sonya Savage, and the Minister of Environment and Parks, Jason Nixon, to attend for questioning in the underlying action between the parties.
The case management judge declined to grant the order to compel the former minister and the minister to attend for questioning. The Court of Appeal allowed the appeal in part, holding that former Minister Savage must attend for questioning. The court found that the case management judge correctly identified the applicable test but erred by failing to properly apply it.
The applicants applied to the Court of Appeal to stay its decision that former Minister Savage must attend for questioning while the applicants pursued an application for leave to appeal to this Court on that decision. The Court of Appeal dismissed the application for a stay order.
Lower court rulings
See file
Filed documents
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 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 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.
Downloadable PDFs
Not available
Related links
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available