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.

Summary Judgement to Recover Monies Owing Under a Unit Operating Agreement

Posted on May 7, 2013 by

PDF version: Summary Judgement to Recover Monies Owing Under a Unit Operating Agreement Cases Considered: Canada Capital Energy Corporation v Barracuda Energy Ltd, 2013 SKQB 134. This is a nice, straightforward case in which the court granted summary judgment for … Continue reading →

Posted in Contracts, Oil & Gas | Leave a comment

From Regulatory Chill to Regulatory Concussion: NAFTA’s Prohibition on Domestic Performance Requirements and an Absurdly Narrow Interpretation of Country Specific Reservations

Posted on May 6, 2013 by

PDF version: From Regulatory Chill to Regulatory Concussion: NAFTA’s Prohibition on Domestic Performance Requirements and an Absurdly Narrow Interpretation of Country Specific Reservations Award commented on: Mobil Investments Canada Inc. and Murphy Oil Corporation v Canada, ICSID Case No ARB(AF)/07/4. Decision … Continue reading →

Posted in International Investment, International Law, Oil & Gas | Leave a comment

Time to proclaim the compulsory unitization provisions of the Oil and Gas Conservation Act

Posted on May 2, 2013 by

PDF version: Time to proclaim the compulsory unitization provisions of the Oil and Gas Conservation Act Decision commented on: Butte Energy Inc. Application for Special Oil Well Spacing, Chigwell Field, 2013 ABERCB 006. Regular readers of this blog will know … Continue reading →

Posted in Carbon Capture and Storage, Oil & Gas | Leave a comment

The interaction of the offset well and default clauses of an oil and gas lease

Posted on April 18, 2013 by

PDF version: The interaction of the offset well and default clauses of an oil and gas lease Case commented on: 1301905 Alberta Ltd. v Sword Energy Inc. 2013 ABQB 113 In this case the Court granted summary judgement for breach … Continue reading →

Posted in Oil & Gas | Leave a comment

When does the purchaser of an interest in a natural gas processing plant also purchase an interest in the sulphur block associated with the plant? Answer: only when the agreement (or perhaps ‘the elephant in the room’) says so!

Posted on April 12, 2013 by

PDF version: When does the purchaser of an interest in a natural gas processing plant also purchase an interest in the sulphur block associated with the plant? Answer: only when the agreement (or perhaps ‘the elephant in the room’) says … Continue reading →

Posted in Contracts, Oil & Gas | Leave a comment

The Manitoba Métis Case and the Honour of the Crown

Posted on April 9, 2013 by

PDF version: The Manitoba Métis Case and the Honour of the Crown Case commented on: Manitoba Métis Federation Inc v Canada (Attorney General), 2013 SCC 14 In its historic decision on the constitutional rights of the Manitoba Métis, the majority of … Continue reading →

Posted in Aboriginal, Constitutional, Property | Leave a comment

Summary judgement on an oil and gas lease termination case

Posted on March 25, 2013 by

PDF version: Summary judgement on an oil and gas lease termination case Decision commented on: P. Burns Resources Limited v Locke, Stock and Barrel Company Limited, 2013 ABQB 129. In this appeal from an unreported decision of Master Laycock, Justice … Continue reading →

Posted in Oil & Gas | Leave a comment

A farmee that spuds in the test well has the right to a default notice

Posted on March 22, 2013 by

PDF version: A farmee that spuds in the test well has the right to a default notice Case commented on: EOG Resources Canada v Unconventional Gas Resources Canada Operating Inc., 2013 ABQB 105 (MC) This decision interprets the default clause … Continue reading →

Posted in Oil & Gas | Leave a comment

Whoever heard of such a thing? A Crown oil and gas lease an intangible form of personal property?

Posted on March 1, 2013 by

PDF version: Whoever heard of such a thing? A Crown oil and gas lease an intangible form of personal property? Case considered: Kasten Energy Inc v Shamrock Oil and Gas Ltd, 2013 ABQB 63 In this case Justice Lee granted … Continue reading →

Posted in Bankruptcy and Insolvency, Oil & Gas | 1 Comment

When is a lease issued “in lieu” of an existing lease?

Posted on February 20, 2013 by

PDF version: When is a lease issued “in lieu” of an existing lease? Case commented on: Canadian Natural Resources Limited v Jensen Resources Ltd, 2012 ABQB 786 In the early 1980s the Government of Alberta decided to make a clearer … Continue reading →

Posted in Limitations, Oil & Gas | Leave a comment