By: Nigel Bankes
Decision Commented On: Flowers v Persist Oil and Gas Inc, 2026 ABCA 172 (CanLII)
PDF Version: Bitcoin Real Property Law
In this decision, Alberta’s Court of Appeal has confirmed Justice Christopher Rickard’s decision of the Court of King’s Bench on this matter. 2025 ABKB 142 (CanLII). Both levels of court concluded that neither a surface lease nor a right of entry order provide the operator with the necessary proprietary authorization to run a bitcoin mining operation on the leased lands using natural gas from a compressor located on the lands and licensed by the Alberta Energy Regulator (AER). I refer readers to my ABlawg post on Justice Rickard’s decision for a more detailed examination of the background as well as two related decisions of Alberta’s Land and Property Rights Tribunal.