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.

When, if at all, does a Pooling Agreement Trigger an Area of Mutual Interest Obligation?

Case considered: Hunt Oil Company of Canada Inc v. Shell Canada Limited, 2009 ABQB 627 PDF Version:  When, if at all, does a pooling agreement trigger an area of mutual interest obligation? In a 1994 decision, Luscar v Pembina Resources … Continue reading

Posted in Oil & Gas | Comments Off on When, if at all, does a Pooling Agreement Trigger an Area of Mutual Interest Obligation?

The role of a limitations defence in a judicial review application involving the Crown’s duty to consult

Case considered: Athabasca Chipewyan First Nation v Alberta (Minister of Energy), 2009 ABQB 576 PDF version: The role of a limitations defence in a judicial review application involving the Crown’s duty to consult Oil sands developments in Alberta are taking … Continue reading

Posted in Aboriginal, Civil Procedure | Comments Off on The role of a limitations defence in a judicial review application involving the Crown’s duty to consult

Williston Wildcatters: bluster no substitute for reasons and yet another judicially created leave and licence

Case considered: Montreal Trust Co v. Williston Wildcatters Corp., 2009 SKCA 85 PDF version: Williston Wildcatters: bluster no substitute for reasons and yet another judicially created leave and licence Over the last decade we have seen litigation in both Saskatchewan … Continue reading

Posted in Oil & Gas | Comments Off on Williston Wildcatters: bluster no substitute for reasons and yet another judicially created leave and licence

Is SARA growing teeth?

Cases Considered: Alberta Wilderness Association v Canada (Minister of the Environment), 2009 FC 710 PDF Version: Is SARA growing teeth? One of the purposes of endangered species legislation is “to provide for the recovery of wildlife species that are extirpated, … Continue reading

Posted in Environmental, Protection of Species | 1 Comment

Ontario Oil and Gas Case of interest to the Calgary Bar

Cases Considered: Tribute Resources Inc v. McKinley Farms Ltd, 2009 CanLII 33043 (ON S.C.)  PDF version: Ontario Oil and Gas Case of interest to the Calgary Bar. While most of the country’s oil and gas cases are decided in Alberta … Continue reading

Posted in Oil & Gas | Comments Off on Ontario Oil and Gas Case of interest to the Calgary Bar