Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41736
Alliance Pipeline Limited Partnership, Alliance Pipeline Ltd., Alliance Pipeline L.P., Alliance Pipeline Inc., et al. v. JL Energy Transportation Inc.
(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) |
|---|---|---|
| 2025-09-19 | Close file on Leave | |
| 2025-09-19 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2025-09-18 | Certificate of taxation issued to, Andrew Wilson, K.C. | |
| 2025-09-18 | Decision on the bill of costs, in the amount of $1,078.63, Reg | |
| 2025-09-18 | Submission of the bill of costs, Reg | |
| 2025-07-29 | Bill of costs, (Letter Form), Completed on: 2025-08-01, (Printed version filed on 2025-07-29) | JL Energy Transportation Inc. |
| 2025-07-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-07-24 | Judgment on leave sent to the parties | |
| 2025-07-24 |
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 (Calgary), Number 2401-0050AC, 2025 ABCA 26, dated January 28, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2025-06-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-05 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-05-05, (Printed version filed on 2025-05-06) | Alliance Pipeline Limited Partnership, Alliance Pipeline Ltd., Alliance Pipeline L.P., Alliance Pipeline Inc. |
| 2025-04-23 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-04-23) | JL Energy Transportation Inc. |
| 2025-04-23 | Notice of name, (Letter Form), (Printed version filed on 2025-04-23) | JL Energy Transportation Inc. |
| 2025-04-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-04-24, (Printed version filed on 2025-04-23) | JL Energy Transportation Inc. |
| 2025-04-03 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-03-31 | Book of authorities, (Book Form), Completed on: 2025-04-03, (Printed version filed on 2025-04-03) | Alliance Pipeline Limited Partnership, Alliance Pipeline Ltd., Alliance Pipeline L.P., Alliance Pipeline Inc. |
| 2025-03-31 | Notice of name, (Letter Form), (Printed version filed on 2025-04-03) | Alliance Pipeline Limited Partnership, Alliance Pipeline Ltd., Alliance Pipeline L.P., Alliance Pipeline Inc. |
| 2025-03-31 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-04-03) | Alliance Pipeline Limited Partnership, Alliance Pipeline Ltd., Alliance Pipeline L.P., Alliance Pipeline Inc. |
| 2025-03-31 |
Application for leave to appeal, (Book Form), Missing: - Proof of service - Amended notice of application with correct CA file number (Rec'd 2025-04-04), Completed on: 2025-06-24, (Printed version filed on 2025-04-03) |
Alliance Pipeline Limited Partnership, Alliance Pipeline Ltd., Alliance Pipeline L.P., Alliance Pipeline 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 |
|---|---|---|
| Alliance Pipeline Limited Partnership, Alliance Pipeline Ltd., Alliance Pipeline L.P., Alliance Pipeline Inc. | Applicant | Active |
| Aux Sable Liquid Products LP (formerly known as Alliance Pipeline NGL, LP) | Applicant | Active |
| Aux Sable Liquid Products Inc. (formerly known as Alliance Pipeline NGL Inc.) | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| JL Energy Transportation Inc. | Respondent | Active |
Counsel
Party: Aux Sable Liquid Products LP (formerly known as Alliance Pipeline NGL, LP)
Counsel
Kelly Moffet-Burima
Stephanie Frazer
3700 Devon Tower
400 3rd Avenue S.W.
Calgary, Alberta
T2P 4H2
Telephone: (403) 267-8222
Email: roger.smith@nortonrosefulbright.com
Agent
500 – 99 Bank Street
Ottawa, Ontario
K1P 6B9
Telephone: (613) 780-1537
FAX: (613) 230-5459
Email: jean-simon.schoenholz@nortonrosefulbright.com
Party: Aux Sable Liquid Products Inc. (formerly known as Alliance Pipeline NGL Inc.)
Counsel
Kelly Moffet-Burima
Stephanie Frazer
3700 Devon Tower
400 3rd Avenue S.W.
Calgary, Alberta
T2P 4H2
Telephone: (403) 267-8222
Email: roger.smith@nortonrosefulbright.com
Agent
500 – 99 Bank Street
Ottawa, Ontario
K1P 6B9
Telephone: (613) 780-1537
FAX: (613) 230-5459
Email: jean-simon.schoenholz@nortonrosefulbright.com
Party: Alliance Pipeline Limited Partnership, Alliance Pipeline Ltd., Alliance Pipeline L.P., Alliance Pipeline Inc.
Counsel
Andrew W. Wilkinson
Kyle Harder
2100, 440 2nd Avenue SW
Calgary, Alberta
T2P 5E9
Telephone: (403) 776-0525
Email: matt.lindsay@rosellp.com
Party: JL Energy Transportation Inc.
Counsel
David J. Marshall
Emily Amirkhani
800, 304 – 8th Avenue S.W.
Calgary, Alberta
T2P 1C2
Telephone: (403) 571-1058
Email: wilsona@jssbarristers.ca
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
Limitation of actions — Patent infringement — Whether provincial or federal limitation period applies in relation to actions for patent infringement commenced in provincial superior court — Patent Act, R.S.C. 1985, c. P-4, s. 55.01 — Limitations Act, R.S.A. 2000, c. L-12, ss. 2(3), 3(1), 12.
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 respondent holds a patent on technology used to transport natural gas products via pipeline. The applicants held a license to use this technology in one of their international pipeline systems. The applicants constructed a new pipeline in Canada, which came online in September 2010. The respondent suspected that the applicants were using the technology in this new pipeline without a license, and discovered the facts necessary to support a claim for patent infringement in November 2013. The respondent commenced its action in an Alberta court in May 2016. The applicants applied for summary judgment on the basis that the action was out of time pursuant to Alberta’s general two-year limitation period.
The application judge held that she was bound by the Alberta Court of Appeal’s decision in Secure Energy Services Inc. v. Canadian Energy Services Inc., 2022 ABCA 200, which holds that the two-year limitation period in Alberta’s Limitations Act applies to patent infringement claims commenced in Alberta courts. The action is therefore out of time and was dismissed.
The Court of Appeal held that Secure Energy was wrongly decided and that the six-year limitation period in the Patent Act applies to claims for patent infringement in Alberta. The appeal was allowed and the action remitted for trial.
Lower court rulings
Action dismissed with costs.
Appeal allowed, action remitted to trial court.
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