Background: Plaintiffs acquired land along Alberta’s Eastern Slopes for coal projects. The 1976 Coal Policy governed these lands, categorized into various restrictions. On May 15, 2020, Alberta rescinded the policy, effective June 1, 2020, removing restrictions, leading plaintiffs to invest in coal projects.
Government Actions:
February 8, 2021: Reinstated the 1976 Coal Policy with additional restrictions.
April 23, 2021: Suspended approvals for coal exploration on category 2 lands.
March 2, 2022: Extended the suspension indefinitely.
Claims: Plaintiffs allege Alberta’s actions amounted to a constructive taking of their property, effectively depriving them of their investment.
Procedural History: Disputes arose regarding the questioning of former Minister Savage and Minister Nixon. The court considered whether special circumstances required their testimony.
Court’s Analysis: The court found that special circumstances did not exist to compel the former ministers to testify. The documentary evidence and officials’ testimonies were sufficient to explain the decisions.
Outcome: The court ruled that neither former Minister Savage nor Minister Nixon needed to attend questioning. Questions about the motive, intent, and purpose behind the decisions must be answered as they are relevant to the plaintiffs' claim of constructive taking.
The court document does not indicate a final decision or any awarded monetary compensation. No clear successful party as of this decision.
