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.

The protection of potable ground water through a purposive or objective approach to regulation

Posted on April 2, 2009 by Nigel Bankes

Case Considered: ERCB Decision 2009-029, CCS Corporation, Section 40 Review and Variance of Application No. 1515213, Class 1b Waste Disposal Scheme, Well 00/09-01-048-14W5M, Brazeau River, March 24, 2009 PDF version: The protection of potable ground water through a purposive or objective … Continue reading →

Posted in Administrative Law, Oil & Gas, Water Law | Comments Off on The protection of potable ground water through a purposive or objective approach to regulation

TransCanada’s Alberta Pipeline System now under federal regulatory authority

Posted on March 23, 2009 by Nigel Bankes

Cases Considered: National Energy Board, Reasons for Decision, TransCanada PipeLines Limited, GH-5-2008, Jurisdiction and Facilities, February 2008 (posted to the NEB website February 26, 2009) PDF Version:  TransCanada’s Alberta Pipeline System now under federal regulatory authority It’s official. The intra-provincial … Continue reading →

Posted in Constitutional, Energy, Natural Resources, Oil & Gas | Comments Off on TransCanada’s Alberta Pipeline System now under federal regulatory authority

What is sauce for the goose is sauce for the gander (and other, more mixed, metaphors): and a prediction as to the role of power and influence on law-making in the province.

Posted on February 25, 2009 by Nigel Bankes

Cases Considered: ATCO Midstream Ltd. v. Alberta (Energy Resources Conservation Board), 2009 ABCA 41. PDF Version: What is sauce for the goose is sauce for the gander (and other, more mixed, metaphors): and a prediction as to the role of … Continue reading →

Posted in Administrative Law, Natural Resources | 1 Comment

The Crown has neither the power nor the duty to invest Indian monies: The use of legislation to limit trust duties

Posted on February 20, 2009 by Nigel Bankes

Cases Considered: Ermineskin Indian Band and Nation v. Canada, 2009 SCC 9. PDF Version: The Crown has neither the power nor the duty to invest Indian monies: The use of legislation to limit trust duties The “money management” part of … Continue reading →

Posted in Aboriginal, Constitutional, Oil & Gas, Supreme Court of Canada | 2 Comments

Co-Ownership is a Messy Business (Even with an Operating Agreement)

Posted on February 15, 2009 by Nigel Bankes

Cases Considered: San Juan Resources Inc (Re) 2009 ABQB 55 (Registrar in Bankruptcy). PDF Version: Co-ownership is a messy business (even with an operating agreement) Co-ownership is a legal relationship for parties who are able to get along together. For those … Continue reading →

Posted in Bankruptcy and Insolvency, Oil & Gas, Property | Comments Off on Co-Ownership is a Messy Business (Even with an Operating Agreement)