Author Archives: Nigel Bankes

About Nigel Bankes

B.A., M.A. (Cantab.), LL.M., (Br.Col.). Professor. Member of the Alberta Bar. Professor Bankes is a professor at the University of Calgary, Faculty of Law. His teaching and research fall in the areas of resources law, aboriginal law and international environmental law. Professor Bankes was seconded to the Department of Foreign Affairs and International Trade as professor-in-residence during the academic year 1999-2000. During that time, Professor Bankes worked on the negotiation of a number of multilateral environmental agreements.

Leave to Intervene Denied in an Appeal of an Important Freehold Oil and Gas Lease Case

By: Nigel Bankes PDF Version: Leave to Intervene Denied in an Appeal of an Important Freehold Oil and Gas Lease Case Case commented on: Stewart Estate (Re), 2014 ABCA 222 The Freehold Petroleum and Natural Gas Owners Association (FHOA) applied … Continue reading

Posted in Intervenors and Standing, Oil & Gas | Leave a comment

Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867?

By: Nigel Bankes and Jennifer Koshan PDF Version: Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867? Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The Delgamuukw decision of the Supreme … Continue reading

Posted in Aboriginal, Constitutional | 1 Comment

Sealing: It’s a Moral Not a Technical Issue and Animals Outweigh Indigenous Communities

By: Elizabeth Whitsitt and Nigel Bankes PDF Version: Sealing: It’s a Moral Not a Technical Issue and Animals Outweigh Indigenous Communities Decision commented on: World Trade Organization, Appellate Body Report – European Communities – Measures Prohibiting the Importation and Marketing … Continue reading

Posted in International Law | Leave a comment

Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement

By: Nigel Bankes PDF Version:Court of Appeal Confirms the Availability of a Disgorgement Remedy as a Possible Means of Assessing Damages for Breach of a Modern Land Claim Agreement Case commented on: Nunavut Tunngavik Incorporated v Canada (Attorney General), 2014 … Continue reading

Posted in Aboriginal, Remedies | Leave a comment

Directly and Adversely Affected: The Actual Practice of the Alberta Energy Regulator

By: Nigel Bankes PDF Version: Directly and Adversely Affected: The Actual Practice of the Alberta Energy Regulator Decisions commented on:(1) AER Letter decision to Beaver Lake Cree First Nation re CNRL’s Kirby Expansion Project; (2) AER Letter decision to Cold … Continue reading

Posted in Energy, Responsible Energy Development Act | 1 Comment

Swift Judgment in a Complex Commercial Case

By: Nigel Bankes PDF Version: Swift Judgment in a Complex Commercial Case Case commented on: Blaze Energy Ltd v Imperial Oil Resources, 2014 ABQB 326 The Commercial Court of the English High Court is well known for its capacity to … Continue reading

Posted in Civil Procedure: New Rules of Court, Oil & Gas | Leave a comment

Round One of the Electricity Competition Playoffs Goes to the Market Surveillance Administrator: MSA 1; TAU 0. TAU Cannot Hijack the MSA’s Own Proceeding

By: Nigel Bankes PDF Version: Round One of the Electricity Competition Playoffs Goes to the Market Surveillance Administrator: MSA 1; TAU 0. TAU Cannot Hijack the MSA’s Own Proceeding Decision commented on:AUC Decision 2014-135, TransAlta Corporation, TransAlta Energy Marketing Corp., … Continue reading

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The AER’s Peace River Odours and Emissions Report and Response

By: Nigel Bankes Reports commented on: AER Report of Recommendations on Odours and Emissions in the Peace River Area, March 31, 2014, 2014 ABAER 005; AER Response, April 15, 2014 PDF version: The AER’s Peace River Odours and Emissions Report … Continue reading

Posted in Oil & Gas, Responsible Energy Development Act | Leave a comment

The First Ministerial Direction to the Alberta Energy Regulator: The Aboriginal Consultation Direction

By: Giorilyn Bruno and Nigel Bankes Direction commented on: Ministerial Order 141/2013, The Aboriginal Consultation Direction PDF version: The First Ministerial Direction to the Alberta Energy Regulator: The Aboriginal Consultation Direction On November 26, 2013, the Minister of Energy issued … Continue reading

Posted in Aboriginal, Responsible Energy Development Act | 2 Comments

Crown Oil Sands Dispositions and the Duty to Consult

By: Nigel Bankes Case commented on: Buffalo River Dene Nation v. Ministry of Energy and Resources and Scott Land and Lease Ltd., 2014 SKQB 69 PDF version: Crown Oil Sands Dispositions and the Duty to Consult In this decision Justice Currie … Continue reading

Posted in Aboriginal, Oil & Gas | Leave a comment