CCS CORPORATION v SECURE ENERGY SERVICES

The Appellant, CCS Corporation (“CCS”) appealed an Order which summarily dismissed all but one of its Claims as against Pembina Pipelines Corporation. The Appellant sought a Declaration that the Case Management Judge’s findings did not bind it. The Respondents raised, as a preliminary issue, the Court’s jurisdiction to hear the Appeal.

The Court considered Rule 14.4(1) which provides that an Appeal is in respect of the whole or any part of a Decision. The Court noted that Rule 14.1(1)(f) sets out the definition of “Decision” as including a “judgment, order, decision, verdict, direction, determination or award and, where the context requires, includes the verdict or finding of a jury”. Based on that definition, the Court found that what the Appellant sought did not fit within the definition of a “Decision”; further, such a Declaration raised the issues of res judicata and issue estoppel. Accordingly, the Court held that it did not have jurisdiction to hear the Appeal.