An application by O’Leary Digital Limited, a company owned by Kevin O’Leary, to dismiss a judicial review regarding consultation and water rights for the proposed Wonder Valley artificial intelligence data center project in northern Alberta has been rejected by an Alberta court.
The $70 billion project is planned for the Municipal District of Greenview, with approval for the withdrawal of six million cubic meters of water annually from the Smoky River for the project.
O’Leary Digital sought to dismiss a judicial review application from the Sturgeon Lake Cree Nation, arguing that the company, as a directly affected party, was not served within the required timeframe.
In response, the Sturgeon Lake Cree Nation contended that it was not adequately consulted during the granting of the water license.
The court ruling, issued on Thursday, determined that O’Leary Digital’s connection to the license was speculative and allowed the judicial review application to proceed. The company also requested intervenor status or to be added as a respondent for SLCN’s judicial review, both of which were dismissed by Justice Parminder K. Johal.
SLCN Chief Sheldon Sunshine expressed satisfaction with the outcome, stating that the judicial review presents an opportunity to uphold treaty rights and ensure proper consultation by the Crown. The SLCN anticipates the judicial review to move forward in December.
O’Leary Digital CEO Paul Palandjian mentioned that the company is currently assessing the court decision, expressing disappointment and disagreement with the continuation of the proceedings. Palandjian emphasized the company’s commitment to meaningful consultation, responsible project development, and regulatory compliance.
In response, Sunshine reiterated SLCN’s demand for enhanced consultation, urging transparency in sharing project details, technical reports, and assessments to ensure the integrity of the large-scale data center project.