A southern Alberta ranching family won another victory in its fight with Imperial Oil after Alberta's highest court dismissed an appeal launched by the energy giant.
Bragg Creek rancher Agnes Ball filed the lawsuit in 2004, arguing a sour gas leak in an Imperial Oil pipeline had contaminated a patch of her family's land and sickened some of their cattle.
Her family won the initial ruling -- a decision Imperial Oil appealed last April.
That appeal was dismissed in a 2-1 decision in favour of the ranching family this week.
"We're relieved, we're happy that the appeal was dismissed," said Susan Graham, Ball's daughter.
She said it's been a frustrating few years, but also empowering as the family successfully faced off with the major energy company.
It's too soon to say whether Imperial Oil will try to take the case to the Supreme Court of Canada, said spokesman Pius Rolheiser.
"This is a detailed decision that deals with some pretty complex principles," Rolheiser said.
"We're still in the process of reviewing its implications. We'll make a decision in due course."
Rolheiser said Imperial Oil is sympathetic to the difficulties the Ball family has experienced, but the company stands behind the actions of its employees.
Graham said her family was awarded close to $70,000 in damages for the initial claim. With expenses from both court cases, the family now stands to receive roughly $250,000.
After losing some of their prime cattle during the incident in question, the ranchers have begun rebuilding their herd as the legal drama played out.
They now have around 200 head of cattle on their ranch, Graham said.
"We're getting back," Graham said. "We're slowly recovering."
jkomarnicki@theherald. canwest.com
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