The Alberta Court of Queen’s Bench recently dismissed a claim Altius Minerals Corp. brought against both the governments of Canada and Alberta (the defendants) in relation to regulatory changes that will force the discontinuation of coal-fired electrical generation from the Genesee and other Alberta power plants by 2030. The lawsuit sought compensation for actions that Altius believed were tantamount to expropriation of its Genesee royalty asset.
The defendants filed for dismissal of the Altius claim. On January 4, a master of the court granted the application to dismiss the statement of claim on a summary basis and without a trial. Altius said it believes this decision is in error and incorrectly applies the law on taking and constructive expropriation. It said it is entitled to a full hearing before a justice of the court and intends to appeal the decision promptly.