Oil company to pay $200,000 for botched pipeline cleanup
By Darlene Casten, staff reporter
http://www.westernwheel.com/news-oil.htm
A Millarville-area ranching family said although its legal battle with a Calgary-based oil company is over, the damage has been done.
Agnes Ball and her family were awarded close to $200,000 last week in their battle against Imperial Oil to cover the costs for their legal and consulting fees resulting from a lawsuit they filed against the oil company. Imperial Oil was found to be negligent in its handling of a leaky sour gas pipeline where the Balls pastured cattle.
Justice Bruce McDonald ruled that the Ball family should have most of its legal and expert costs paid by the oil company.
Susan Graham, Agnes’ daughter, who also lives on the family’s cattle ranch, said the ruling was not unexpected.
“I’m not surprised that we were able to get our costs because when you are successful at trial that is normal,” she said. “I am glad we were able to recoup the costs we put out.”
Lawyers for Imperial Oil argued that the Balls’ cost request should be reduced because of what they called mixed success at trial and asked that some legal and expert fees be reduced. McDonald agreed to cut the payment for the Balls’ second lawyer and a bill for Dr. Joanne Ball, also Agnes’ daughter, who testified at the trial. The Balls will only receive 50 per cent of the cost for a secondary lawyer and will receive only 65 per cent of the cost billed for Dr. Ball’s expert testimony.
Graham said the reductions will only add up to a few thousand dollars.
“We are going to get our costs as we feel we should,” she said.
In December McDonald awarded the Ball family approximately $65,000 for its loss of cattle and the spin-off effects it had on their cattle operation. The problem started in the summer of 2002 when Imperial Oil workers detected the leaky pipeline. Repair work began without the Balls’ knowledge and contaminated soil was piled up on the pasture land and water laced with hydrocarbons was also pumped on to the land.
The next spring the Balls said they had a difficult calving season and many of their cows became infertile.
Justice McDonald found that the tie to the Imperial Oil pipeline cleanup and the health of the animals was strong enough to deem the company negligent.
Graham said although the court case is done, there are lasting effects for themselves and others.
“It breaks your trust and faith that people will do the right thing,” she said. “You become a skeptic that people are going to tell you the truth.”
Others who have found themselves in the same situation are hopeful this case will create a precedent.
“You wouldn’t believe the number of calls we have received from complete strangers who have been fighting with oil and gas companies for years who have thanked us for taking this all the way,” she said. “They said it will help the next person.”
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