Case Overview

• Appellants: Cabin Ridge Project Limited, Cabin Ridge Holdings Limited, Atrum Coal Limited, Elan Coal Limited, Black Eagle Mining Corporation, Montem Resources Alberta Operations Ltd.
• Respondents: His Majesty the King in Right of Alberta, represented by the Minister of Energy
• Issue: Whether government actions constituted constructive taking of the appellants’ coal interests, warranting compensation.

Background

• The 1976 Coal Policy classified lands and regulated mining. In 2020, Alberta rescinded it to encourage investment.
• In 2021, after public opposition, the government reinstated the policy and suspended new coal exploration on Category 2 lands.
• The appellants argue these decisions eliminated reasonable uses of their property, effectively expropriating it.

Procedural History & Appeal Decision

• The appellants sought to compel questioning of former Minister Sonya Savage and Minister Jason Nixon regarding policy decisions.
• The case management judge denied the request, ruling the documentary record was sufficient.
• The Court of Appeal allowed the appeal in part:
  • Found the Leeds Test was misapplied by relying on documents instead of assessing if the ministers were best informed.
  • Ordered former Minister Savage to testify, as she was directly involved in policy decisions relevant to the case.
  • Denied questioning of Minister Nixon, finding no overriding evidence of his key involvement.

Outcome

• Former Minister Savage must testify; Minister Nixon is not required.
• The case proceeds with further discovery on the appellants’ expropriation claims.
• No monetary award specified.