Author Archives: Nigel Bankes

About Nigel Bankes

B.A., M.A. (Cantab.), LL.M., (Br.Col.). Professor. Member of the Alberta Bar. Please click here for more information.

Summary Judgment on Contested Amounts Owing under Natural Gas Processing and Related Agreements

By: Nigel Bankes PDF Version: Summary Judgment on Contested Amounts Owing under Natural Gas Processing and Related Agreements Case Commented On: SemCAMS ULC v Blaze Energy Ltd, 2015 ABQB 218 This is an important judgment on the interplay between the … Continue reading

Posted in Contracts, Oil & Gas | Leave a comment

Crown Oil Sands Dispositions and the Duty to Consult

By: Nigel Bankes PDF Version: Crown Oil Sands Dispositions and the Duty to Consult Case Commented On: Buffalo River Dene Nation v Ministry of Energy and Resources and Scott Land and Lease Ltd, 2015 SKCA 31 The Saskatchewan Court of … Continue reading

Posted in Aboriginal, Oil & Gas | Leave a comment

The Bilcon Award

By: Nigel Bankes PDF Version: The Bilcon Award Award Commented On: The Claytons and Bilcon v Canada, NAFTA, UNCITRAL Rules, 17 March 2015 Once again Canada has lost an important investor/state arbitration under Chapter 11 of NAFTA (for a post … Continue reading

Posted in Environmental, International Investment, International Trade | Leave a comment

An Update on the Northern Gateway Litigation

By: Nigel Bankes PDF Version: An Update on the Northern Gateway Litigation Cases Commented On: Forest Ethics Advocacy Association v Northern Gateway Pipelines Inc, 2015 FCA 26; Gitxaala Nation v Northern Gateway Pipelines Inc, 2015 FCA 27; Gitxaala Nation v … Continue reading

Posted in Aboriginal, Energy, Intervenors and Standing | Leave a comment

Entitlements Protected by a Property Rule vs Entitlements Protected by a Liability Rule; or FPIC vs Regulated Access

By: Nigel Bankes PDF Version: Entitlements Protected by a Property Rule vs Entitlements Protected by a Liability Rule; or FPIC vs Regulated Access Case Commented On: Sproule v Altalink Management Ltd, 2015 ABQB 153 AltaLink is building a transmission line … Continue reading

Posted in Aboriginal, Energy | Leave a comment

The AER and the Values of Efficiency, Flexibility, Transparency and Participation: Best in Class?

By: Nigel Bankes PDF Version: The AER and the Values of Efficiency, Flexibility, Transparency and Participation: Best in Class? Matter Commented On: AER Bulletin, 2015-05 and an amendment to the Oil and Gas Conservation Rules creating the concept of a … Continue reading

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Providing an Effective Remedy for the ISO’s Unlawful Line Loss Rule

By: Nigel Bankes PDF Version: Providing an Effective Remedy for the ISO’s Unlawful Line Loss Rule Decision Commented On: AUC Decision 790-D02-2015, Milner Power Inc. and ATCO Power Ltd, Complaints re the ISO Transmission Loss Factor Rule and Loss Factor … Continue reading

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The Website of the Alberta Courts

By: Nigel Bankes, Jennifer Koshan, and Jonnette Watson Hamilton PDF Version: The Website of the Alberta Courts Matter Commented On: The Alberta Courts’ website This post deals with Court websites. We are posting it now because all three Alberta Courts … Continue reading

Posted in Access to Justice, Blogs and Websites | 6 Comments

Two Alberta Perpetuities Stories

By: Nigel Bankes PDF Version: Two Alberta Perpetuities Stories Matters Commented On: Bill 8, Justice Statutes Amendment Act and Gottlob Schmidt’s donation to the province of Antelope Provincial Park This post covers two matters. The first is the amendment to … Continue reading

Posted in Environmental, Property | 1 Comment

How much discretion does a regulator have to limit the recovery of a utility’s legal costs?

By: Nigel Bankes PDF Version: How much discretion does a regulator have to limit the recovery of a utility’s legal costs? Case Commented On: ATCO Gas and Pipelines Ltd v Alberta (Utilities Commission), 2014 ABCA 397 In this case the … Continue reading

Posted in Administrative Law, Energy, Utility Regulation | Leave a comment