Rockwood park Inc. v. Emera Brunswick Pipeline Company Ltd.
The court dismissed the application for leave because the applicant failed to demonstrate an arguable question of law and jurisdiction under section 22 of the National Energy Board Act.
Source-derived case information.
- Citation
- 2007 FCA 300
- Parties
- Applicant: Friends of Rockwood Park Inc.; Respondent: Emera Inc. and The Emera Brunswick Pipeline Company Ltd.; Respondent: Repsol Energy Canada Ltd.; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 September 2007
- Procedural Posture
- Leave to Appeal Under Section 22 of the National Energy Board Act / Application for Leave to Appeal (dismissed)
- Outcome
- Leave to appeal dismissed with costs.
- Legal Topics
- Leave to Appeal, National Energy Board Act Section 22, Arguable Question of Law and Jurisdiction, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Friends of Rockwood Park Inc.
Applicant
Emera Inc. and The Emera Brunswick Pipeline Company Ltd.
Respondent
Repsol Energy Canada Ltd.
Respondent
The Attorney General of Canada
Respondent
Procedural Posture
Leave to Appeal Under Section 22 of the National Energy Board Act / Application for Leave to Appeal (dismissed)
Legal Issues
- 1 Whether the proposed appeal raises an arguable question of law and jurisdiction under section 22 of the National Energy Board Act
Ratio Decidendi
The court dismissed the application for leave because the applicant failed to demonstrate an arguable question of law and jurisdiction under section 22 of the National Energy Board Act.
Court Disposition
Leave to appeal dismissed with costs.
Orders
- Leave to appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Rockwood park Inc. v. Emera Brunswick Pipeline Company Ltd. Court (s) Database Federal Court of Appeal Decisions Date 2007-09-20 Neutral citation 2007 FCA 300 File numbers 07-A-26 Decision Content Date: 20070920 Docket: 07-A-26 Citation: 2007 FCA 300 CORAM: NOËL J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: FRIENDS OF ROCKWOOD PARK INC. Applicant and EMERA INC. and THE EMERA BRUNSWICK PIPELINE COMPANY LTD. Respondents Heard at Ottawa, Ontario, on September 20, 2007. Order delivered from the Bench at Ottawa, Ontario, on September 20, 2007. REASONS FOR ORDER OF THE COURT BY: NOËL J.A. Date: 20070920 Docket: 07-A-26 Citation: 2007 FCA 300 CORAM: NOËL J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: FRIENDS OF ROCKWOOD PARK INC. Applicant and EMERA INC. and THE EMERA BRUNSWICK PIPELINE COMPANY LTD. Respondents REASONS FOR ORDER OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 20, 2007.) NOËL J.A. [1] Having considered the written and oral submissions of the Applicant, we have not been persuaded that their proposed appeal raises an arguable question of law and jurisdiction with the meaning of section 22 of the National Energy Board Act, R.S.C. 1985, c. N-7. [2] Leave to appeal will therefore be dismissed with costs. An order is issued accordingly. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: 07-A-26 STYLE OF CAUSE: FRIENDS OF ROCKWOOD PARK INC. and EMERA INC. and THE EMERA BRUNSWICK PIPELINE COMPANY LTD. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: September 20, 2007 REASONS FOR ORDER OF THE COURT BY: NOËL J.A. SHARLOW J.A. PELLETIER J.A. DELIVERED FROM THE BENCH BY: NOËL J.A. APPEARANCES: Ms. Lara Tessaro FOR THE APPLICANT Mr. E. Bruce Mellett Mr. Lawrence E. Smith Q.C. Mr. Peter C.P. Thompson, Q.C. Ms. Krsten Crain Mr. Jake Harms FOR THE RESPONDENT Emera Inc., The Emera Brunswick Pipeline Company Ltd. FOR THE RESPONDENT Repsol Energy Canada Ltd FOR THE RESPONDENT The Attorney General of Canada SOLICITORS OF RECORD: LARA TESSARO Vancouver, B.C. FOR THE APPLICANT BENNETT JONES LLP Calgary, Alberta Mr. Peter C.P. Thompson, Q.C. Ms. Krsten Crain JOHN H. SMITH Q.C. DEPUTY ATTORNEY GENERAL OF CANADA FOR THE RESPONDENT Emera Inc., The Emera Brunswick Pipeline Company Ltd. FOR THE RESPONDENT Repsol Energy Canada Ltd FOR THE RESPONDENT The Attorney General of Canada