AER to appeal Redwater decision to Supreme Court of Canada
Calgary, Alberta (April 28, 2017)…The Alberta Energy Regulator (AER) will be seeking leave to appeal to the Supreme Court of Canada a recent Alberta Court of Appeal decision.
In the 2-1 Alberta Court of Appeal decision, the majority dismissed the AER’s appeal of a Court of Queen’s Bench decision allowing the receiver/trustee to disclaim, or walk away from, unproductive energy assets and their associated liabilities.
“We are disappointed in the decision of the majority,” said AER president and CEO Jim Ellis. “It fails to recognize that the AER is not acting as a creditor when it takes steps to ensure that the public is protected from the environmental costs associated with suspension, abandonment, and reclamation when companies enter into insolvency proceedings.”