PRESS RELEASE – This morning Justice Barbara Romaine of the Alberta Court of Queen’s Bench granted Prosper Petroleum Ltd.’s (Prosper) application for a mandatory injunction and/or order of mandamus, directing the Government of Alberta to issue a decision on the Rigel Oil Sands Project (Rigel) within 10 days.
The government lawyers argued that the Crown was immune to direction from the courts; however, Justice Romaine determined that Crown immunity does not apply when there is a statutory duty to act and the Oil Sands Conservation Act confers that duty. In a lengthy decision, Justice Romaine went on to say that Prosper had demonstrated a strong case, will suffer irreparable harm if a decision on the Project is not made immediately, and that the balance of convenience favours Prosper. As a result, she found that Prosper had satisfied the test for both a mandatory injunction and order of mandamus and ordered Cabinet to make a decision within 10 days.
Prosper’s President and CEO, Brad Gardiner, says he is pleased with the Court’s decision. “I’ve always said we’ve been treated unfairly and I’m pleased the Judge agreed.”
Prosper is hopeful the Cabinet will approve the Rigel project, at which time it will seek financing in anticipation of winter construction.