By: Nigel Bankes
Decision commented on: PrairieSky Royalty Ltd v Yangarra Resources Ltd, 2023 ABKB 11
PDF Version: The Legal Status of a Gross Overriding Royalty Carved out of a Crown Lease
Author: Nigel Bankes Page 14 of 89
Nigel Bankes is emeritus professor of law at the University of Calgary. Prior to his retirement in June 2021 Nigel held the chair in natural resources law in the Faculty of Law.
By: Nigel Bankes
Case commented on: IFP Technologies (Canada) Inc v EnCana Midstream and Marketing, 2022 ABKB 807 (CanLII).
PDF Version: A Complex Oil and Gas Accounting Decision
Several years ago, I commented on both the original trial judgment in this case (2014 ABQB 470 (CanLII),following a six-week trial going back to 2011) and the Court of Appeal’s decision (2017 ABCA 157 (CanLII)). The posts are here and here. The Court of Appeal ultimately found in favour of IFP and ordered an accounting as the principal remedy but referred certain questions back to a trial judge to be assigned to hear the matter. This is that decision rendered by Justice Charlene Anderson.
By: Nigel Bankes
Decisions Commented On: Bilodeau v Her Majesty The Queen in the Right of Ontario, 2022 ONSC 1742 (CanLII) and 2022 ONSC 4275 (Costs Endorsement).
PDF Version: Well Abandonment and Reclamation in Ontario
Over the years ABlawg has published numerous comments on the law pertaining to reclamation and abandonment obligations and the associated orphan well fund in Alberta. See, for example, Drew Yewchuk’s many excellent posts on these issues. This comment deals with a recent decision in Ontario which, while in itself a successful enforcement action, does highlight deficiencies in the law and practice pertaining to the abandonment and reclamation of old oil and gas wells in that province.
By: Nigel Bankes
Decision commented on: 2022 ABAER 004, Pure Environmental Waste Management Ltd., Applications 1614037, 1784753, 1809825, 1928016, 1928017, 1928430, 30602032, 30608918, and 30608934 Hangingstone Project, October 20, 2022
PDF Version: Sharing Geological Pore Space Disposal Capacity
This decision is a follow-up decision to two decisions from 2020 dealing with Pure Environmental Waste Management’s Hangingstone waste disposal project: 2020 ABAER 004 and 2020 ABAER 005. I commented on those two decisions here: “More Competition For Underground Disposal Space” and I refer readers to that earlier comment for a more detailed account of the facts.
By: Nigel Bankes, Andrew Leach, and Martin Olszynski
Matter commented on: Bill 88: An Act to Assert Saskatchewan’s Exclusive Legislative Jurisdiction and to Confirm the Autonomy of Saskatchewan
PDF Version: Playing Games with the Constitution: The Saskatchewan First Act
On November 1, 2022, Bronwyn Eyre, as Minister of Energy and Resources and Minister of Justice and Attorney General, introduced Bill 88, The Saskatchewan First Act, for First Reading in Saskatchewan’s Legislative Assembly. Bill 88 is comprised of a lengthy preamble and three separate parts. Part 1 is entitled “Preliminary Matters and Constitutional Assertion”. Part 2 proposes amendments to the Constitution of Saskatchewan and Part 3 establishes an Economic Impact Assessment Tribunal.