Author Archives: Nigel Bankes

About Nigel Bankes

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.

Accounting issues left unresolved in split title litigation

PDF version: Accounting issues left unresolved in split title litigation Case considered: Anderson v Amoco Canada Oil and Gas Co, 2011 ABCA 268 The Court of Appeal has finally brought an end to the phase gas, split title litigation known … Continue reading

Posted in Oil & Gas | 1 Comment

What does the term “oil well rights” mean when used in a will?

PDF version: What does the term “oil well rights” mean when used in a will?  Case considered: Wernicke v Quirk, 2011 SKCA 95 The moral of this story might well be “don’t mess with terms you don’t understand”; and if … Continue reading

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Another step in implementing ALSA: the review and variance provisions and compensation for compensable takings

 PDF version: Another step in implementing ALSA: the review and variance provisions and compensation for compensable takings Regulation commented on: Alberta Land Stewardship Regulation, Alta. Reg. 179/2011  The Alberta Land Stewardship Act, SA 2009, c A-26.8 (ALSA) is a work … Continue reading

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Production in meaningful quantities: commercial realities should inform the interpretation of an oil and gas lease

PDF version: Production in meaningful quantities: commercial realities should inform the interpretation of an oil and gas lease Case commented on: Omers Energy Inc. v Alberta (Energy Resources Conservation Board), 2011 ABCA 251 In important and rare “reasons for judgement … Continue reading

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First Nation treaty obligations should inform the interpretation of discretionary powers under the Species at Risk Act

PDF version: First Nation treaty obligations should inform the interpretation of discretionary powers under the Species at Risk Act  Case commented on: Adam v Canada (Environment), 2011 FC 962 Woodland caribou are listed as threatened under the Species at Risk … Continue reading

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