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.

A century of liability for an abandoned well

PDF version: A century of liability for an abandoned well Case considered: Dalhousie Oil Company Limited, Section 40 Review of Abandonment Cost Order No. ACO 2008-1, Turner Valley Field, ERCB Decision 2010-19 In this decision the Energy Resources Conservation Board … Continue reading

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Ontario Court of Appeal holds that oil and gas lease continued by virtue of (late) payments under a unitization agreement

PDF version: Ontario Court of Appeal holds that oil and gas lease continued by virtue of (late) payments under a unitization agreement  Case considered: Tribute Resources v McKinley Farms, 2010 ONCA 392 The Court of Appeal has varied in part … Continue reading

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Maintaining space for autonomy? Environmental assessments in the context of aboriginal land claims agreements

PDF version: Maintaining space for autonomy? Environmental assessments in the context of aboriginal land claims agreements Case considered: Quebec (Attorney General) v. Moses, 2010 SCC 17 This is the first decision of the Supreme Court of Canada to examine a modern … Continue reading

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Water management planning and the Crown’s duty to consult and accommodate: the Court of Appeal rejects First Nations’ application for judicial review of the South Saskatchewan Water Management Plan

Case considered: Tsuu T’ina Nation v Alberta (Environment), 2010 ABCA 137 PDF version: Water management planning and the Crown’s duty to consult and accommodate The Court of Appeal, in a reasons for judgement reserved decision written by Justice Clifton O’Brien … Continue reading

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Yes folks the language of the habendum does matter

Case considered: Bearspaw Petroleum Ltd v Encana Corporation, 2010 ABQB 225 PDF version: Yes folks the language of the habendum does matter In this decision Justice Terry McMahon held that a petroleum and natural gas lease that provides for continuation … Continue reading

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