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Kinder Morgan scores big court victory

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Well, it looks like the Courts have just handed a rebuke toboth the City of Vancouver and the Squamish First Nations,demolishing their lawsuit to obtain a court injunction against the construction of the Kinder Morgan pipeline from the oil fields of Alberta to the marine terminals (and refinery) in Burnaby, a suburb of Vancouver, British Columbia.  To quote from the Financial Post article:

CALGARY – The Supreme Court of British Columbia threw out two challenges against the B.C. government’s environmental approvals for the $7.4-billion Trans Mountain pipeline project, adding to Kinder Morgan Canada Ltd.’s near-perfect record of winning legal cases even as the project faces stiff opposition on the ground.

The B.C. Supreme Court dismissed applications by the City of Vancouver and the Squamish Nation to overturn the environmental certificates the former Liberal B.C. government had granted to the Trans Mountain project.

In a decisive victory for the company, Justice Christopher Grauer ruled that Vancouver would need to pay Kinder Morgan unspecified legal costs. Prior to the two cases, Kinder Morgan had won 14 court challenges in a row for its Trans Mountain pipeline project.


For Americans unfamiliar with the intricacies of the Canadian Court system, I would mention that it operates under the British system of "loser pay." If you are a party to a lawsuit in Canada, and you lose, you get to pay the other side's legal bills on an attorney-client basis.  Ouch. 

Will this be the end of the litigation?  No chance.  These guys will litigate that pipeline right into the ground.  Hey, the City is playing with taxpayer money, not exactly the same thing as the City Council Members' own pocketbooks, now is it?


Edited by Jan van Eck

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