Sunday, April 18, 2010

Imperial loses appeal with cattle ranching lawsuit (CalgaryHerald)

These stories strike a chord with me.  Probably because a good portion of my job is being the liaison person trying to make sure that exactly this kind of news .... is not news, or better said, the court event actually never takes place because the parties collaborated and cooperated with honesty and integrity.  I believe it is unfortunate that these types of issues have a tendency to deteriorate into legal and media games.  But of course I do not know the slightest of details, so reserve any further informed thoughts until I have had time to find and review what I can.


UPDATE:  The decision against the Defendant and for the Plaintiff was based on (1) permission to enter the land (2) permission to discharge contaminated water and (3) poor practice in storing contaminated soil.  The liability aspect came from the testimony related to health effects and hydrocarbon contamination - a he said-she said debate.  I find that the lack of the key witness in attendance for the Defendant rather interesting - maybe not surprising, but interesting.
 FULL COURT DECISION TEXT (December 2008)





Company loses appeal in gas leak lawsuit

Agnes Ball, Susan Graham and Craig Graham successfully took Imperial Oil to court.

Agnes Ball, Susan Graham and Craig Graham successfully took Imperial Oil to court.

Photograph by: Stuart Gradon, Calgary Herald Archive

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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