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December 22, 2017

Alberta Update: When Does a Plaintiff Lose the Right to Sue for Historic Contamination?

In Alberta, there is an ultimate limitation period of 10 years from the date the claim arose regardless of when a plaintiff knew or ought to have known about the claim.  But what happens where a plaintiff discovers historic environmental contamination that is more than 10 years old?  Is the right to sue lost?  This question was recently considered by Alberta’s Court of Queen’s Bench in Lakeview Village Professional Centre Corporation v Suncor Energy Inc. and Brookfield Residential (Alberta) LP v Imperial Oil.

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