KINDER MORGAN IN POSITION TO SUE

    Kinder Morgan has spent plenty of time recently on the defensive as it faces legal challenges against its proposed Trans Mountain expansion pipeline. However, if the project fails, the Houston-based company could go on the offensive to try to recoup billions of dollars.
     Investors are already asking whether the company will take such action, and some legal experts say it has a legitimate case against Canada because of how the B.C. government and some municipalities have tried to oppose the project.
    If the company seeks damages, it would likely use NAFTA, since Chapter 11 of the agreement allows foreign companies to file compensation claims in countries where they have investments and believe a government action is unfair and discriminatory.