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“On average, cabinet takes four months to issue a decision under the Oil Sands Conservation Act, and the longest period of time, other than for this applicant, has been seven months.”

The judge said cabinet decisions under the act are normally made in the order they are sent to the government by the regulator.

“At least two with AER approval have received orders in council (subsequent to Prosper),” Romaine said.

“Typically, projects receive decisions in the order they receive AER approval.”

Photo by Prosper Petroleum

She said that for Prosper to be granted an injunction compelling the province to make a ruling, it had to prove it had a compelling case, would suffer irreparable harm if denied and on a balance of probabilities an injunction was warranted.

Romaine said the company established all three grounds.

“Cabinet’s delay in making a decision was a breach of its duty under . . . the Oil Sands Conservation Act.”

She noted that without a decision soon, not only would the Rigel project be jeopardized but Prosper could be forced out of business.

Outside court, a smiling Prosper CEO Brad Gardiner said he was happy with Romaine’s decision.

“We’re pleased the judge decided in our favour,” Gardiner said.

“As we’ve said all along, this has been a very slow, frustrating process, but at least we know 10 days from now we’re going to have a decision — positive or negative, but at least we’ll have a decision,” he said.

The Fort McKay First Nation, which argues the Rigel project will have a negative effect on its Moose Lake management plan, has appealed the AER decision.

An energy ministry spokesman told The Canadian Press the province will appeal Romaine’s decision.

KMartin@postmedia.com

Twitter: @KMartinCourts