In a decision released Monday, the Ontario appeal court overturned a lower-court decision last year that ruled AECL did not have to comply with a U.S. court order seeking documents and oral testimony from executives about its decision to shut down the Chalk River reactor in Ontario for 15 months in 2009 and 2010.
Chalk River produces medical isotopes that are sold to various commercial suppliers, and the closing of the reactor left companies in the lurch with no immediate replacement supplier.
The appeal court said AECL should be subject to questioning in the case, and cannot rely on legal rules that generally make the federal government – and, by extension, government-owned Crown corporations such as AECL – immune from legal action for its decisions."
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