TransAlta Corporation and its affiliates initiated an Action against the Crown, represented by the Minister of Environment and Parks, under the Proceedings Against the Crown Act,
RSA 2000, c P-25. They sought indemnification for potential damages and a declaration that the Crown had breached a 1960 contract concerning the Brazeau Dam by failing to regulate hydraulic fracturing activities within a designated buffer zone, thereby endangering the dam’s safety.

During the litigation, a significant procedural event occurred related to the disclosure of documents. TransAlta challenged the Crown’s withholding of certain documents, leading to a ruling by Justice Neufeld. On November 20, 2023, pursuant to Rule 5.11, Justice Neufeld ordered the Crown to produce eight records, although they were allowed to make redactions for sections covered by solicitor-client privilege. This decision was later reviewed concerning the Crown's invocation of solicitor-client privilege and public content immunity, leading to further judicial consideration on December 19, 2023.

The Court determined that the Case Management Judge incorrectly ordered the release of certain contested documents. The Justices found that two of the documents should remain confidential under solicitor-client privilege because they contain legal advice. Moreover, the Court ruled that the other documents fell under the protection of the public interest immunity doctrine, observing that the initial ruling did not reflect the latest Supreme Court precedents, which emphasized the need for maintaining Cabinet confidentiality and the integrity of governmental deliberative processes. As a result of these conclusions, the Appeal was granted, affirming the privileged status of specific documents under both solicitor-client privilege and public interest immunity.