Decision

Steelhead LNG Limited Partnership v ARC Resources Ltd., 2024 BCSC 1872

2024-10-09

Read full decision. Summary prepared by Alan Macek:

The question that is now squarely before me is whether portions of the plaintiffs’ most current and/or proposed amended pleadings should be struck out/refused on the grounds of abuse of process or issue estoppel in light of the findings “made by the Federal Court in both the Tabib and Manson Judgments” [see 2022 FC 756; 2022 FC 998; 2024 FCA 67]. ... For the reasons that follow I permit the plaintiffs to amend their pleading as proposed, dismiss the defendant’s application to strike parts of the plaintiffs’ pleading, and direct that the issues of abuse of process or issue estoppel be determined at trial. ... The breach of confidentiality alleged in this case is much broader than the design of any particular facility for liquefaction of natural gas and extends to Steelhead’s “LNG Development Strategy” as defined in the plaintiffs’ proposed pleadings i.e. the “project” versus “facility” distinction referred to above. If such information is in fact confidential and was improperly used by the defendant in pursuit of the Ksi Lisims project with Western LNG and others, there may exist a viable claim which might succeed at trial.

 

Canadian Intellectual Property