March 19 court date in Baytex fumes case

A group of Peace Riverarea families hoping to temporarily shut down an oilsands operation until fumes are dealt with will head to court in March.

On Wednesday, a judge in Peace River allowed the unprecedented case to go ahead and set March 19 as the date for the Labrecque families to seek an injunction against Calgarybased Baytex Energy, said their lawyer Keith Wilson.

The families, forced out of their homes by fumes that caused them serious health problems, want operations suspended at the company’s Reno site until new equipment is installed on huge storage tanks to capture vapours produced when bitumen is heated.

The families will argue the Baytex operation is “unreasonably” interfering with their use and enjoyment of their property, said Wilson.

Generally, the Alberta Energy Regulator is the authority that can order a company to shut down operations if there is an environmental or operational issue.

But this case confirms the courts also have a place in handling such disputes, said Wilson.

Also, the regulator says it does not have the legal authority to order a shutdown in the Baytex case, as there is a gap in the regulations, he noted.

Baytex spokesman Andrew Loosely said the company is “preparing diligently” for the court battle. “We’re going to respect the process and let it take its course.”