The court addressed procedural issues regarding the "Second Remand" hearing, primarily related to document disclosure and questioning of experts.
NOVA’s application for extensive document production and pre-trial questioning was dismissed due to irrelevance and confidentiality concerns.
2024 ABKB 98:
The case examined the remedial consequences of a competition law violation involving the Ethane Pooling Agreement between the parties.
The court ruled that any severance or dissolution of the Pool must avoid causing prejudice or unfairness to Dow.
Dow sought disclosure of NOVA’s ethane pooling contracts to assess potential prejudice if the Pool were dissolved. This was deemed necessary, subject to confidentiality safeguards.
No financial award was specified in this decision, as the focus was on procedural and evidentiary matters.
2025 ABKB 9:
This decision related to costs in the extended litigation. The court ruled that cost submissions should be made before the final decision on the severance remand, ensuring continuity due to the presiding judge's pending retirement.
The costs hearing was scheduled between April 14 and May 2, 2025, with no specific financial amounts determined in this decision.
Final Outcomes:
Amounts Awarded: No direct monetary awards were stated in the reviewed decisions.
Overall Outcome: The litigation remains active, with unresolved issues regarding the severance or dissolution of the Ethane Pool. Costs and substantive determinations will likely follow the resolution of the Second Remand hearing.
