CNOOC PETROLEUM NORTH AMERICA ULC v ITP SA, 2024 ABKB 607
NIXON ACJ
1.2: Purpose and intention of these rules
4.1: Responsibilities of parties to manage litigation
4.2: What the responsibility includes
4.3: Categories of court action
4.5: Complex case obligations
4.6: Settling disputes about complex case litigation plans
4.7: Monitoring and adjusting dates
Case Summary
This was an Application to adjourn the Trial date in complex litigation between CNOOC Petroleum North America ULC (CNOOC) and various Defendants, including Wood Group Canada, Inc. (Wood Group) and ITP SA, concerning a 2015 pipeline failure. The Application by Wood Group to delay the September 2025 Trial date cited significant disclosures made by CNOOC in May 2024 as a basis for requesting further preparation time. In considering the Application, the Court referred to Rules 4.1 and 4.2, emphasizing that the parties bear a responsibility to manage litigation timelines proactively to meet the efficient, cost-effective resolution goals outlined in Rule 1.2.
The Court determined that an adjournment was justified, considering the extensive additional records disclosed, which required re-questioning and further expert preparation by Wood Group. Nonetheless, the Court concluded that Wood Group’s proposal to adjourn the Trial sine die would not align with Rule 1.2’s objective of a fair and just resolution within a reasonable timeframe. Instead, the Court found that setting a revised Trial date for October 13, 2026, balanced the necessity of adequate preparation with the judicial mandate to proceed efficiently. The Court held that costs may be spoken to if the parties are unable to reach an agreement.
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