Law360 Canada (May 8, 2024, 1:56 PM EDT) -- Appeal by apellants from summary dismissal of their claims for compensation against respondent governments. The applications judge and chambers judge summarily dismissed their claim on the basis that the test for constructive expropriation had not been met. The appellants were part of a corporate family (collectively, Altius) holding royalties in mines across Canada. Relevant to this appeal was their 2014 acquisition of royalty interests in the Genesee coal mine. The government of Alberta introduced its Climate Leadership Plan to phase out coal-fired electricity generation emissions by 2030. Alberta entered into an Off-Coal Agreement with the Genesee power plant owners and other coal powered plant owners. The owners of electricity generation plants agreed to end emissions by 2030. Alberta agreed to make transition payments to them. The appellants were not parties to the Off-Coal Agreement. In 2018, the appellants filed a statement of claim against the respondents, Canada and Alberta, alleging they constructively expropriated their royalty interest without compensation. The applications judge granted the respondents’ applications for summary dismissal upon finding that the first part of the test for constructive expropriation was not met, which was upheld by the chambers judge. The appellants alleged the chambers judge erred in stating the test for constructive expropriation and finding the test for summary dismissal was met....