Mr. Chairman and honourable members, I speak to you as a finance person. I'm a project finance person and I get projects done: I get them financed and I get them built. I can tell you that you will not get projects financed until they are beyond the risk of appeal. Bankers will not take the risk of appeal. Therefore, the very threat of being able to persistently and consistently take things beyond some level.... We have one group in Alberta on our case that's now on their eighth try in the Federal Court of Appeal. It's a case of res judicata, for those of you who are lawyers, so we are able to defeat it every time.
But the simple fact is that if there is a threat of litigation chill, these projects do not get financed; and accordingly, nothing gets done. We absolutely need to know what the test is, to know what the clarity is. If we haven't met it, then by all means, we should be forced to meet it. But I can tell you that the threat of appeal is sufficient to stop a project.