Category Archives: Case News

Slick Water: The Devil is in the Details

Slick Water: The Devil is in the Details by FrackingCanada, September 2, 2015 Andrew Nikiforuk interview on his new book, oil patch workers calling in afterwards September 1, 2015, 630CHED Edmonton Slick Water Event page Fracking Alberta – Taking a Stand at … Continue reading

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September 12, 2015 Talk & Book Launch at Ground Zero; Slick Water: Fracking and One Insider’s Stand Against the World’s Most Powerful Industry

PDF of poster for printing and distribution in your community.

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Mathews: Jessica Ernst Is All Of Us.

Jessica Ernst Is All Of Us by Robin Mathews, Autumn 2015, Dialogue Magazine, Vol 29 No 1 The administration of justice in Alberta could be compared more closely to Honduras than to most democratic countries under the British tradition. It … Continue reading

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CBC Radio-Canada The Sunday Edition’s Francine Pelletier talks with Jessica Ernst and lawyer Murray Klippenstein as they prepare for their January 2016 hearing in the Supreme Court of Canada

Fracking Lawsuit by Francine Pelletier, August 2, 2015, CBC Radio-Canada, The Sunday Edition After three decades as a consultant to the oil industry, Jessica Ernst decided to sue her biggest client, Encana, which is also Canada’s largest producer of natural gas.  She … Continue reading

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Saskatchewan Law Review August 2015: Statutory Immunity from Charter Damages: Ernst v Alberta Energy Regulator

Statutory Immunity from Charter Damages: Ernst v Alberta Energy Regulator by Julia Kindrachuk, August 2015, Saskatchewan Law Review, vol. 78:2 (2015) Abstract: The Supreme Court of Canada recently granted leave to appeal in Ernst v. AER. Jessica Ernst, an Alberta landowner and … Continue reading

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ALBERTA’S NEW NDP GOVERNMENT HAS ITS HANDS FULL

ALBERTA’S NEW GOVERNMENT HAS ITS HANDS FULL by Mike Priaro, July 18, 2015, Linkedin, Updated July 21, 2015 Alberta’s new government under Premier Rachel Notley certainly has its hands full getting new cabinet ministers and MLA’s informed on legislative procedures, MLA duties, … Continue reading

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What Does the Anti-fracking Movement Mean for Canada? “Movement?” When children die from E. coli tainted water and their parents warn others, is that a movement?

And after Alberta frac’d communities are hit by non-stop burglaries with police saying they can’t help because Ralph Klein decimated their funding (to give to oil and gas companies), and families install security systems and alarms, are they smeared by … Continue reading

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Week of July 13: What We Learned and What to Watch For in Alberta Energy, Alberta Oil’s weekly roundup of top energy news

Week of July 13: What We Learned and What to Watch For in Alberta Energy Alberta Oil’s weekly roundup of the top energy news and market numbers by Jesse Snyder, July 13, 2015, Essential Oil, Alberta Oil Magazine WHAT WE LEARNED … … Continue reading

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Ian Jessop interview with Jessica Ernst about her recent Supreme Court of Canada win on asking a Constitutional Question, Why are the Courts protecting AER’s outside counsel Glenn Solomon? Why did Post Media’s Calgary Herald Banish Diana Daunheimer from commenting to articles?

Talk Radio with Ian Jessop July 3, 2015, 2PM, CFAX 1070. Starts at 6:00 Min. MUST WATCH! 9:15 Min. Vera Scroggins, “Big Foot, in the County,” on the Injunction Against Her by Julie Dermansky for desmogblog, June 29, 2015 Vera Scroggins explains the … Continue reading

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Happy Frac-Free Canada Day! Supreme Court Rejects AER Argument to Dismiss Frac Case, Jessica Ernst’s charter claim hearing slated for 2016

Supreme Court Rejects Argument to Dismiss Landmark Fracking Case, Jessica Ernst’s charter claim hearing slated for 2016 by Andrew Nikiforuk, July 1, 2015, TheTyee.ca The Supreme Court of Canada has rejected a motion by the country’s most powerful energy regulator that … Continue reading

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July 3, 2015 3 pm in Alberta, 2 pm Pacific Time: Ian Jessop to interview Jessica Ernst on Supreme Court of Canada Rejecting AER Argument to Dismiss her Frac Lawsuit and Refuse her Constitutional Question

Supreme Court of Canada Docket on Ernst vs AER: 2015-06-30: Appeal hearing tentative date: January 12, 2016 On the Constitutional Question: Where an appeal to the Supreme Court of Canada raises a constitutional question (as in the Ernst vs AER … Continue reading

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Happy Encanada Days: 12 Year Anniversary Encana Violating Ernst’s Legal Right to Quiet Enjoyment of Home and Land

Slide from Ernst presentations The “Best Regulator in the World” AER (then EUB, later ERCB) reduced Encana’s non-compliant noise levels (yellow highlight above) more than 10 decibels (dBA) to make them compliant (refer to EUB letter below) and enable Encana’s … Continue reading

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Ian Jessop interviews Diana Daunheimer and Jessica Ernst on how their frac’d lives and lawsuits might change, or not, with the new Alberta government, the US EPA fracing water contamination report, and AER Chair Gerard Protti

Starts at 5:20 Min. Ian Jessop CFAX Radio Victoria, BC On-air Talk Shows: Phone: 250.386.1161 Email: email hidden; JavaScript is required [Refer also to: CRASHING AN AER BOOZE AND SMOOZE AND GIVING PROTTI (Ex-Encana VP Chair of the AER) A … Continue reading

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Front Page Drumheller Mail: Supreme Court to hear Rosebud fracking appeal

Supreme Court to hear Rosebud fracking appeal by Pat Kolafa, May 6, 2015, DrumhellerMail.com The Supreme Court of Canada has allowed a Rosebud landowner to appeal a decision by the Alberta Courts, and if successful, she will be able to continue … Continue reading

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Alberta Views Feature: Landowner Rights, How Big Oil Trumps Private and Public Good; “Some of us will be unlucky enough to be in the way…and will be called on to sacrifice”

Landowner Rights, How Big Oil Trumps Private and Public Good by Fred Stenson, June 2015, Alberta Views … When a 1960s sour gas plant south of Pincher Creek malfunctioned (the gas literally eating the high-grade steel meant to contain it), families downwind were regularly … Continue reading

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Lap-Dog Journalism. The Collapse of Canadian Democracy. The Mike Duffy Case. Hi-Jacking Your Head. Part Three

Lap-Dog Journalism. The Collapse of Canadian Democracy. The Mike Duffy Case. Hi-Jacking Your Head. Part Three by Robin Mathews, April 2015 Begin – always begin – with the presumption that the conventional Canadian press and media are part of Conservative … Continue reading

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CBC Calgary, The Homestretch, interviews Jessica Ernst on Supreme Court of Canada granting her leave to appeal the Alberta Energy Regulator (AER) violating her charter rights

Hello Jessica, I’ve been sharing the interview you gave on CBC … it’s so great! … http://www.cbc.ca/homestretch/episode/2015/04/30/-listen-el-charrito-review-86/ I know it’s early but do you have any idea when the court date might be set for? [The Lawsuit page will post … Continue reading

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Ian Jessop interviews Jessica Ernst on Supreme Court of Canada granting leave to appeal her case against Alberta Energy Regulator for violating her Charter Rights

Ian Jessop interviews Jessica Ernst on Supreme Court of Canada granting leave to appeal her case against Alberta Energy Regulator for violating her Charter Rights Interview begins at 6:08 Min: Ian asks if Ernst still has the returned (2005) letter … Continue reading

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Landmark Fracking Case Gets a Supreme Court Hearing, Oil patch consultant Jessica Ernst alleges Alberta has intimidated landowners

Burial by the Calgary Herald? Supreme Court to hear case over well said to be contaminated by fracking Click above link gets you: Searching for it, gets you: Who’s on PostMedia’s Board of Directors? Jane Peverett (Director) Ms. Peverett currently … Continue reading

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AER Duty of Care Anywhere? Judge decries chaos, uncertainty around liability of public authorities: “Such a low standard would immunize government from liability in every case of bureaucratic ineptitude, no matter how substandard or damaging the misconduct may be. No court anywhere has set the bar that low.” [Except in Alberta?]

The Ernst #Fracking Litigation: ABQB’s Duty of Care Analysis for ERCB & AEnv in GIF Form #firsttime #readytoflip posted by Martin Olszynski April 12, 2015 Click here or above image to play the Ernst frac case Duty of Care animation The Hill case … Continue reading

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Ian Jessop interviews Jessica Ernst on Encana’s shoddy incomplete mess of a document filing and other matters

… 2015 Is this why Jim Prentice jumped into Alberta politics?   Snap above from Prentice’s 2015 austerity slash and burn education and health budget, but give plenty to the oil and gas industry!~ This snap below taken from the … Continue reading

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Fracking criticism spreads, even in Alberta and Texas, Canadian, U.S. studies raise concerns that chemicals used in process make people sick

Fracking criticism spreads, even in Alberta and Texas, Canadian, U.S. studies raise concerns that chemicals used in process make people sick by Michelle Leslie, April 7, 2015, CBC News “It was beautiful up until fracking started,” said Nielle Hawkwood. Nielle and … Continue reading

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Lawyers Accuse Gas Giant of Deficient Records Filing in Fracking Case, Encana disclosure shows ‘disdain for an ordinary Albertan,’ claims counsel for Jessica Ernst

Lawyers Accuse Gas Giant of Deficient Records Filing in Fracking Case, Encana disclosure shows ‘disdain for an ordinary Albertan,’ claims counsel for Jessica Ernst by Andrew Nikiforuk, April 1, 2015, TheTyee.ca Lawyers representing Jessica Ernst in her landmark lawsuit challenging the regulation … Continue reading

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Klippensteins Press Release: Concerns raised regarding EnCana’s “extraordinarily deficient” disclosure of records in Rosebud fracing water contamination case

Concerns raised regarding EnCana’s “extraordinarily deficient” disclosure of records in Rosebud fracing water contamination case by wn.com, March 31, 2015 PRESS RELEASE by Klippensteins (French translation below), March 31, 2015: Concerns raised regarding EnCana’s “extraordinarily deficient” disclosure of records in … Continue reading

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Ian Jessop interviews Jessica Ernst

Ian Jessop interviews Jessica Ernst: Thursday February 12 at 2:00 pm Pacific, 3:00 pm in Alberta CFAX 1070 Starts at 6 Minutes, after the news: Or available for download here, without the news, 19 Minutes (thank  you Charlie!)

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Ernst vs Encana in Top 10 Canadian Judicial Decisions in 2014 of Import to the Oil and Gas Industry

2014 IN REVIEW: TOP 10 CANADIAN JUDICIAL DECISIONS OF IMPORT TO THE OIL AND GAS INDUSTRY by Michael A. Marion, Daniel Johnson, Michael G. Massicotte, Alan Ross, Rick Williams, January 29, 2015, in Oil and Gas Bulletin, Border Ladner Gervais Introduction 2014 saw the Supreme Court of Canada significantly … Continue reading

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Alberta could owe a private duty of care to individuals harmed by hydraulic fracturing; “The door is open for claims based in a private duty of care against a public regulatory body”

Alberta could owe a private duty of care to individuals harmed by hydraulic fracturing by Steven Evans, Miller Thomson LLP, January 7, 2015, High Beam Research Jessica Ernst’s claim against Alberta Environment and Sustainable Resource Development (“Alberta Environment”) for negligently carrying … Continue reading

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Jessica Ernst legal battle: Alberta will not appeal ruling: “After seven arduous years a stunning victory stands. The truth will have its day in court.”

Alberta Won’t Appeal Decision to Allow Jessica Ernst to Sue, Landowner’s landmark lawsuit against the fracking industry continues by Andrew Nikiforuk, December 10, 2014, TheTyee.ca Jessica Ernst, the businesswoman and oil patch scientist defiantly challenging the regulation of hydraulic fracturing in … Continue reading

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Canada: Alberta Chief Justice Keeps Fracking Lawsuit Against Environmental Regulator Alive

Canada: Alberta Chief Justice Keeps Fracking Lawsuit Against Environmental Regulator Alive by Alan Harvie, Norton Rose Fulbright Canada LLP, November 25, 2014, Mondaq                 Also in Lexology in Association with Corporate Counsel as: … Continue reading

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Canadian Claiming Fracking Contaminated Water Can Sue Government, Court Rules

Canadian Claiming Fracking Contaminated Water Can Sue Government, Court Rules by Jeremy Hainsworth, November 19, 2014, Bloomberg NBA Nov. 14 — A Canadian woman who claims hydraulic fracturing contaminated her groundwater can sue the Alberta government for allegedly failing to properly investigate … Continue reading

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Canada: Alberta Court Rules Novel Fracking Claim Against Province Has Reasonable Prospect Of Success; Landowner Will Take Well-Water Fight To Supreme Court

Canada: Alberta Court Rules Novel Fracking Claim Against Province Has Reasonable Prospect Of Success by John Georgakopoulos, November 18 2014, Willms & Shier Environmental Lawyers LLP On November 7, 2014, a decision by the Court of Queen’s Bench of Alberta … Continue reading

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Ian Jessop interviews Jessica Ernst on her win against the Alberta Government

Ian Jessop interviews Jessica Ernst on her win against the Alberta Government’s Motion to Strike  November 14, 2014, CFAX 1070

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A victory for the little guy; “Ernst next heads to the Supreme Court of Canada to overturn the regulator’s heavy-handed decision to ban her from further communication. We hope she wins that one, too.”

Landowner Will Take Well-Water Fight To Supreme Court by James Mahony, November 13, 2014, Daily Oil Bulletin (subscription required) An Alberta landowner who is suing the Alberta government in a case arising from claims of well water contamination has vowed … Continue reading

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Surprises in the Mail and a Confession by CAPP: Ian Jessop interviews Jessica Ernst about hydraulic fracturing and her lawsuit

October 2, 2014, CFAX1070

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Goliaths of Mammon “To the lovers of Mammon which includes Harper and Prentice, whatever Mammon wants, Mammon gets even if Humanity is harmed — with extinction — in the process”

Subject: Fwd: Goliaths of Mammon Date: Sat, 27 Sep 2014 19:29:43 -0500 From: Michael Milillo To: Danielle Smith MLA, Legislative Assembly of Alberta email hidden; JavaScript is required, Ken Paulson, BC Oil and Gas Commission email hidden; JavaScript is required, … Continue reading

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Tar Wars is here! Calgary Herald provides useful “guide to the cast of Tar Wars, a new local drama series starting this fall”

Tar Wars is here by Mike Priaro, September 29, 2014, Calgary Herald Summer is over. In September, we all enjoyed the last episode of reruns of the epic serial PC Party of Alberta, showing the coronation of golden boy Jim Prentice, … Continue reading

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Tout comme Jessica Ernst l’est devenue… as Jessica Ernst / has become…

Tout comme Jessica Ernst l’est devenue… translation of post (below) by Julie Ali by Ami(e)s du Richelieu, September 24, 2014 La demanderesse a fait une demande d’accès à l’information pour avoir accès à des filières en relation avec les enquêtes sur … Continue reading

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Ian Jessop Interviews Jessica Ernst on the Court of Appeal Ruling, Granting the AER Complete Legal Immunity, even for Charter Violations

Ian Jessop Interviews Jessica Ernst on the Court of Appeal Granting the AER Complete Legal Immunity, even for Charter Violations September 16, 2014, CFAX 1070 At 1:30 PM

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RCMP ignore “volley of gunfire” to concerned citizen’s home but warn government and industry: “Environmental extremists pose ‘clear and present criminal threat’ to Canada’s energy sector – more likely to strike at critical infrastructure than religiously inspired terrorists.” Canadian and Australian oil and gas lobby groups warn: Industry operations “impact aquifers” and “contaminate water resources” as pre-determined “bullshit” investigations, cover-ups and court rulings fix everything. No word if “religiously inspired terrorists” plan to retire because of the intense competition

Last Stop for High Profile Fracking Suit: Supreme Court, In striking Ernst appeal, Alberta court wraps blanket of immunity around regulator by Andrew Nikiforuk, September 16, 2014, TheTyee.ca The Alberta Court of Appeal has effectively ruled that one of the nation’s most … Continue reading

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Alberta fracking case could go to Supreme Court

Alberta fracking case could go to Supreme Court by Brenton Driedger, September 15, 2014, 630 CHED A legal fight over contaminated water and hydraulic fracturing could wind up before the Supreme Court. Jessica Ernst has lost an appeal to sue the … Continue reading

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