Kinder Morgan, Inc.

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Alan Dutton's bid to dismiss Kinder Morgan lawsuit rejected

πŸ›οΈ The B.C. Supreme Court rejected a motion by Alan Dutton to dismiss the multi-million dollar lawsuit filed against him.

πŸ“‰ Judge Randall Wong ruled against retired SFU professor Alan Dutton on Wednesday regarding his protest activities.

βš–οΈ Kinder Morgan sued five protesters for $5.6 million in damages after their survey work on Burnaby Mountain was blocked.

🀝 Four of the five named protesters have already settled out of court with the energy giant.

πŸ›‘ Alan Dutton is one of the few remaining plaintiffs who refused to settle and continues to fight the case.

πŸ—£οΈ Dutton claims Kinder Morgan only initiated the lawsuit as a bullying tactic intended to silence protesters.

😠 The protester stated he is more angry and committed to fighting back against the company's actions.

βš–οΈ Additionally, the court ruled that Dutton may be responsible for covering both his own and Kinder Morgan's legal costs.

πŸ“… The original lawsuit was filed in November following attempts by Kinder Morgan to conduct survey work on Burnaby Mountain.

πŸŽ“ Alan Dutton is a retired professor from Simon Fraser University who has been actively involved in the protest.

Risk Factors
  • B.C. Supreme Court Judge Randall Wong rejected a bid by Alan Dutton to dismiss the multi-million dollar lawsuit, ruling against him.
  • Four of the five protesters settled out of court with Kinder Morgan, leaving Dutton as an outlier in his refusal to settle.
  • Dutton faces a significant financial risk as the court ruled he may have to cover both his own and Kinder Morgan's legal costs if the lawsuit proceeds.
  • The rejection of the motion for dismissal effectively validates Kinder Morgan's claim of $5.6 million in damages against Dutton.
  • Judge Wong's decision was made after Kinder Morgan successfully argued that protesters blocked their survey work on Burnaby Mountain starting in November.
Full Analysis
On January 15, 2015, the Supreme Court of British Columbia rejected a motion by retired professor Alan Dutton to dismiss a multi-million dollar lawsuit filed against him by energy company Kinder Morgan (KMI). The dispute centers on survey work conducted by Kinder Morgan on Burnaby Mountain, which had been blocked by a group of protesters led by Dutton in November 2014. Judge Randall Wong ruled against Dutton's request, leaving the case active and noting that he may be required to cover his own legal costs as well as those incurred by Kinder Morgan. Kinder Morgan had originally filed the suit for $5.6 million in damages after protesters obstructed their survey efforts. While four of the other five named protesters reached settlement agreements out of court, Dutton refused to settle, stating he believes the lawsuit was merely a bullying tactic intended to silence protest rather than a genuine claim for damages. Despite the court's rejection of his bid to dismiss the case, Dutton expressed increased anger and a stronger commitment to fighting back against Kinder Morgan's actions. The legal battle represents a significant ongoing conflict between the energy corporation and environmental activists in British Columbia regarding pipeline surveying rights on private and contested land.