| Citation: |
Alliance Pipeline Ltd. v. Smith, 2009 FCA 110, [2009] 3 F.C.R. D-12 |
A-56-08 |
Energy
Arbitration—Costs—Appeal from Federal Court decision (2008 FC 12) dismissing appeal brought pursuant to National Energy Board Act, R.S.C., 1985, c. N-7, s. 101 from decision of Pipeline Arbitration Committee (PAC) to award legal costs incurred in Alberta Court of Queen’s Bench and costs of arbitration proceedings commenced before previous panel of PAC—First panel not rendering decision—Trial Judge, second panel erring in law in concluding litigation costs recoverable as those costs not incurred by respondent in asserting claim for compensation pursuant to Act, s. 99(1)—Damages caused by company’s activities compensable only if directly related to matters enumerated in Act, ss. 84(1)(a)(i),(ii),(iii), which was not the case here—As to second panel’s determination regarding costs of first arbitration proceedings, power of PAC to award costs premised on issuance of award, costs only relating to proceedings before same members who made award—Costs incurred in first proceedings not within ambit of Act, s. 99(1), could not be awarded by second panel—Appeal allowed.
Alliance Pipeline Ltd. v. Smith (A-56-08, 2009 FCA 110, Nadon and Pelletier JJ.A., judgment dated April 8, 2009, 27 pp.)