CIVIL PROCEDURE — Appeals — Standard of review — Clearly wrong or palpable and overriding error — Correctness

Law360 Canada (April 22, 2024, 1:00 PM EDT) -- Appeal by Paramount Resources Ltd. (Paramount) from chambers judge’s summary dismissal of Paramount's claim and refusal to extend limitation period arguing that its claim was brought within time. Paramount owned a pipeline located on Crown lands. It converted the pipeline into a carrier pipe through the installation of a four-inch fibreglass liner. Paramount discovered a leak in the pipeline. Paramount paid to remediate and restore the lands at a cost. Paramount sought to recover part of that cost from the respondents, who it said breached legal duties to it in relation to the installation of a fibreglass liner in the pipeline. Paramount filed its Statement of Claim against the respondents, making claims in both tort and contract related to what it alleged was the respondents' failure in 2004 to ensure that the steel carrier pipe and fibreglass liner were installed below the frost line. The respondents brought applications to summarily dismiss Paramount's claim based on the expiry of limitation periods and on its merits. Paramount brought an application seeking an extension of the limitation periods. The chambers judge concluded Paramount's claim was time-barred and granted the respondents’ application for summary dismissal but rejected the respondents' application for summary dismissal of Paramount's claim on its merits. The respondents crossed-appealed that decision....
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