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 is a Non-Operator Entitled to a Constructive Trust over the Operator’s Own Assets?

Posted on October 11, 2008 by Nigel Bankes

Cases Considered: Brookfield Bridge Lending Fund Inc. v. Vanquish Oil and Gas Corporation, 2008 ABQB 444 PDF Version: When is a non-operator entitled to a constructive trust over the operator’s own assets? In this case Justice Bruce McDonald ruled that … Continue reading →

Posted in Oil & Gas, Remedies | 2 Comments

When Does a “Participant” Earn Under the Terms of a Farmout and Participation Agreement?

Posted on October 9, 2008 by Nigel Bankes

Case Considered: Solara Exploration Ltd v. Richmount Petroleum Ltd., 2008 ABQB 596 PDF Version:  When does a “participant” earn under the terms of a farmout and participation agreement? In this decision Justice Sheilah Martin concluded that a participant in a … Continue reading →

Posted in Contracts, Oil & Gas | Comments Off on When Does a “Participant” Earn Under the Terms of a Farmout and Participation Agreement?

Water management planning and the Crown’s duty to consult and accommodate

Posted on October 8, 2008 by Nigel Bankes

Cases Considered: Tsuu T’ina First Nation v. Alberta, 2008 ABQB 547 PDF Version: Water management planning and the Crown’s duty to consult and accommodate *Thanks to Christina Smith and Monique Passelac-Ross for comments on an earlier draft. Alberta’s new Water … Continue reading →

Posted in Aboriginal, Administrative Law, Constitutional, Water Law | Comments Off on Water management planning and the Crown’s duty to consult and accommodate

When Does a Royalty Owner not have to Pay for a Share of Processing Costs?

Posted on August 14, 2008 by Nigel Bankes

Case Considered: 570495 Alberta Ltd. v. Hamilton Brothers Exploration Company, 2008 ABQB 413 PDF Version:  When does a royalty owner not have to pay for a share of processing costs? When does a royalty owner not have to pay for … Continue reading →

Posted in Natural Resources, Oil & Gas | Comments Off on When Does a Royalty Owner not have to Pay for a Share of Processing Costs?

The ERCB asserts its jurisdiction to determine the validity of an oil and gas lease

Posted on August 9, 2008 by Nigel Bankes

Cases Considered: In re Desoto Resources, Joffre Field, ERCB Decision 2008-47 PDF Version:   The ERCB asserts its jurisdiction to determine the validity of an oil and gas lease In an unusual decision the ERCB has asserted its jurisdiction to determine the … Continue reading →

Posted in Administrative Law, Natural Resources, Oil & Gas | 1 Comment