Background: Grant Phillip Dickin brought claims against Sakwi Creek Hydro Limited Partnership, Sakwi Creek Hydro Ltd., Connor, Clark & Lunn Energy Infrastructure Limited Partnership, Connor, Clark & Lunn Hydro Ltd., Sts’Ailes Eco Energy Development (Sakwi) Limited Partnership, and Sts’Ailes Development Corporation. He alleged nuisance, negligence, unjust enrichment, and violations under the rule in Rylands v. Fletcher due to noise from a hydroelectric turbine near his residence. The defendants sought dismissal of the claims under Rule 9-6 of the Supreme Court Civil Rules, arguing that the claims were statute-barred and lacked genuine issues for trial.

Legal Arguments/Issues: Dickin contended that the turbine caused substantial interference with his property use and enjoyment, and that the defendants failed in their duty of care. He also claimed that the defendants profited unjustly from the turbine operation to his detriment. The defendants argued that the claims were filed outside the statutory period and that there was no genuine issue for trial.

Court's Decision: The Court of Appeal found that the chambers judge erred by not considering uncontradicted evidence about the non-involvement of certain defendants. The court dismissed the claims against Connor, Clark & Lunn Energy Infrastructure Limited Partnership, Connor, Clark & Lunn Hydro Ltd., Sts’Ailes Eco Energy Development (Sakwi) Limited Partnership, and Sts’Ailes Development Corporation. However, it upheld the claims in negligence and unjust enrichment against the remaining defendants, ruling that Dickin reasonably believed WindRiver Power Corporation was the operator.

Costs: Each party bore their own costs.