By: Jassmine Girgis Case commented on: Bhatnagar v Cresco Labs Inc, 2023 ONCA 401 (CanLII) PDF Version: There is No Presumption of Loss Flowing from a Breach of the Contractual Duty of Honest Performance In Bhatnagar v Cresco Labs Inc, 2023 ONCA 401 (“Cresco Labs”), the Ontario Court of Appeal addressed whether the Supreme Court’s […]
By: Nigel Bankes Case commented on: TotalEnergies EP Canada Ltd v Suncor Energy Inc, 2023 ABKB 59 (CanLII). PDF Version: Total Claims that its ROFR Rights Were Violated in the Sale of Teck’s Interest in the Fort Hills Project Suncor, Total, and Teck all owned interests in the Fort Hills Oilsands Project (54%, 24.4%, and […]
By: Nigel Bankes PDF Version: Consent Provisions in Long-Term Relational Contracts Case Commented On: Apache North Sea Ltd v Ineos FPS Ltd, [2020] EWHC 2081 (Comm) The drafters of long-term relational contracts often have to deal with the uncertainties of future developments. One technique for doing so is to accord one party to the contract (A) […]
By: Nigel Bankes PDF Version: Net Profits Interest Decision Case Commented On: Hudson King v Lightstream Resources Ltd, 2020 ABQB 149 (CanLII) William Hudson (WH) of Texas discovered hydrocarbons in a reservoir near Rocanville, Saskatchewan. Lacking the resources to develop the discovery WH assigned the Rocanville properties to Triton (a Texas based corporation) in 1977 […]
By: Nigel Bankes PDF Version: No Implied Duties When Voting to Discharge an Operator Case Commented On: TAQA Bratani Ltd et al v RockRose UKCS8 LLC, [2020] EWHC 58 (Comm) The operator serves a crucial role in the operation of any jointly owned oil and gas property and yet, depending on the terms of the […]
