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| RECENT LITIGATION OF IMPORTANCE |
pointed to the ICBA's past use of this infor-
mation for the purpose of criticizing pension
plans, which could lead to unionized workers
leaving to join non-union employers.
On April 10, 2017, the OIPC released a
decision requiring FICOM to disclose the
information requested by the ICBA. e
adjudicator concluded there was not enough
evidence to prove there was reasonable ex-
pectation of harm to the unions with the
disclosure of this information. e union
pension plans petitioned the courts to accept
that ample evidence had been presented and
that the plans were being held to too high a
standard regarding required evidence.
DECISION
Under judicial review, the Court held that
the OIPC's findings were unreasonable and
that the petitioners had provided sufficient
evidence to satisfy the "reasonable expecta-
tion of probable harm" standard that was
provided by the Supreme Court of Canada.
Counsel for the petitioning unions and
pension plans were Lawson Lundell LLP,
with a team including Marko Vesely and Mi-
chelle S. Jones; Arsenault Aaron Lawyers,
with a team including David Marc Aaron
and Bennett M. Arsenault; and Derrill
ompson of Main Street Law Group.
Counsel for the Independent Contractors
and Businesses Association was Robert W.
Grant, QC, and Joana ackeray of Gall
Legge Grant Zwack LLP.
Counsel for the Office of the Information
and Privacy Commissioner for British Col-
umbia was Catherine J. Boies Parker, QC,
and Kate Phipps of Arvay Finlay LLP.
Counsel for the Superintendent of Pen-
sions was Sandra Wilkinson of the Ministry
of Attorney General, Legal Services Branch.
DOW CHEMICAL CANADA ULC V.
NOVA CHEMICALS CORPORATION
DECISION DATE: JUNE 20, 2018
On June 20, 2018, Justice Barbara Romaine
of the Court of Queen's Bench of Alberta
awarded US$1.06 billion to Dow Chemical
Canada ULC and an affiliate ("Dow") in an
action for breach of contract against NOVA
Chemicals Corporation ("NOVA"). e dis-
pute arose from the operation of an ethylene
plant at Joffre, Alberta, jointly owned by
Dow and NOVA.
BACKGROUND
e Alberta ethane-based petrochemical in-
dustry began in the 1970s. Dow and Dome
Petroleum Limited proposed to construct
and operate an ethylene plant, but the Al-
berta government decided instead to have a
Crown corporation (now NOVA) construct
the plant. at ethylene plant, known as El,
commenced operations at Joffre in 1978. In
1984, NOVA opened a second plant, E2, at
Joffre and in 1994 Dow constructed its own
ethylene plant at Fort Saskatchewan.
In 1997, NOVA and Union Carbide Can-
ada Inc. ("UCC") entered into a joint ven-
ture to build a third ethylene plant, E3, at
Joffre. Twelve project agreements set out the
rights and obligations of the parties regard-
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Elise practised at Davies Ward Phillips
& Vineberg LLP and Torys LLP.
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