Alliance Pipeline Ltd. v. Balisky

Alliance Pipeline Ltd. v. Balisky

The Committee acted within its mandate in taking into account applicable s.97(1) factors (including foreseeable loss of use, nuisance and inconvenience) when valuing rights of way, but erred by applying a Grande Prairie pattern of dealings and the Alberta $500 entry fee pro rata to land in Fort Saskatchewan and to Mr. Pederson in Fort St. John without independently considering the s.97(1) factors for those locations; appeal allowed in part, those valuations remitted to the Committee; cross-appeal dismissed regarding annual payments.

Citation
2008 FC 1087
Parties
Appellant / Respondent by Cross Appeal: Alliance Pipeline Ltd.; Respondents / Appellants by Cross Appeal: Terrance Balisky et al.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
26 September 2008
Procedural Posture
Federal Court Appeal From Arbitration Committee Decision Under the National Energy Board Act / Judgment on Appeal (2008 FC 1087)
Outcome
Appeal allowed in part; respondents' cross-appeal dismissed; compensation for Fort Saskatchewan landowners and for Mr. Pederson's land in Fort St. John remitted to the Arbitration Committee for redetermination under s.97(1); no order as to costs.
Legal Topics
Compensation for Pipeline Rights of Way, National Energy Board Act S.97 Factors, Pattern of Dealings, Alberta Surface Rights Act Entry Fee, Annual Vs Lump Sum Compensation
Source Language
English
Administrative Law Energy Law Property Law Arbitration Compensation for Pipeline Rights of Way National Energy Board Act S.97 Factors Pattern of Dealings Alberta Surface Rights Act Entry Fee +1 more

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Parties

Alliance Pipeline Ltd.

Appellant / Respondent by Cross Appeal

Terrance Balisky et al.

Respondents / Appellants by Cross Appeal

Procedural Posture

Federal Court Appeal From Arbitration Committee Decision Under the National Energy Board Act / Judgment on Appeal (2008 FC 1087)

Legal Issues

  1. 1 Whether the Arbitration Committee erred by considering non-land-value factors under s.97(1) when determining compensation
  2. 2 Whether a pattern of dealings in one geographic area can be extrapolated pro rata to another area
  3. 3 Whether the $500 Alberta Surface Rights Act entry fee can be included in compensation for a federally-regulated pipeline

Ratio Decidendi

The Committee acted within its mandate in taking into account applicable s.97(1) factors (including foreseeable loss of use, nuisance and inconvenience) when valuing rights of way, but erred by applying a Grande Prairie pattern of dealings and the Alberta $500 entry fee pro rata to land in Fort Saskatchewan and to Mr. Pederson in Fort St. John without independently considering the s.97(1) factors for those locations; appeal allowed in part, those valuations remitted to the Committee; cross-appeal dismissed regarding annual payments.

Court Disposition

Appeal allowed in part; respondents' cross-appeal dismissed; compensation for Fort Saskatchewan landowners and for Mr. Pederson's land in Fort St. John remitted to the Arbitration Committee for redetermination under s.97(1); no order as to costs.

Orders

  • Alliance's appeal is allowed in part. The Committee shall determine the compensation for landowners in Fort Saskatchewan and for Mr. Pederson’s land in Fort St. John according to the factors set out in s.97(1) of the National Energy Board Act
  • The respondents’ cross-appeal is dismissed