OMURA LAW BLOG

In Director (EAP) v Handel Transport, 2017 ABQB 3, the Court of Queen's Bench held that a Provincial Court Judge did not have the jurisdiction to order mediation of a dispute between the Director and a landowner, or responsible person, under an access application for the following reasons: 1) the Provincial Court of Alberta does not have inherent jurisdiction; 2) the Environmental Protection and Enhancement Act delegates to the Director the exclusive jurisdiction to determine the remediation

A Provincial Court May Not Re-visit the Merits of a Remediation Order