Author: Nigel Bankes Page 66 of 89

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.

Proposal commented on: Bill 2, the Responsible Energy Development Act

This post examines the implications of Bill 2 for the jurisdiction of the Environmental Appeal Board (EAB). The legislation will establish the new Alberta Energy Regulator (the Regulator) and will abolish appeals to the EAB with respect to decisions in relation to energy resource activities. Instead, the Bill proposes a scheme of reviews by the Regulator of its own decisions.

Court of Appeal approves decision concluding that water rights did not pass with a transfer of land

By Nigel Bankes

On November 7, 2012

In Property, Water Law

PDF version: Court of Appeal approves decision concluding that water rights did not pass with a transfer of land

Cases Considered: Canada Finance Corporation Limited v Hirsche Herefords, 2012 ABCA 315

The Court of Appeal has dismissed the appeal from a decision of Justice Strekaf in which she had approved the sale by the receiver of a water right separate from the sale of lands to which the water right was appurtenant. In an earlier ABlawg post I commented on Justice Strekaf’s decision (here).

Manitoba Decision on the Assignment of a Royalty Interest

By Nigel Bankes

On October 26, 2012

In Oil & Gas

PDF version: Manitoba decision on the assignment of a royalty interest

Case Commented on: Campion et al v Radomski et al, 2012 MBQB 267

In this case the beneficiaries of the Milliken estate (the beneficiaries) sought to ignore an assignment of a royalty interest that Milliken had executed during his life in favour of the Manning interests. The parties entitled to the Manning royalty interest sued to enforce that assignment and in this case the court dismissed an application by the beneficiaries (the defendants) for summary judgement.

Natural Gas Storage Rights in Ontario: Questions of Jurisdiction and Interpretation

By Nigel Bankes

On October 25, 2012

In Energy, Oil & Gas

PDF version: Natural gas storage rights in Ontario: questions of jurisdiction and interpretation

Cases Commented On: Tribute Resources v 2195002 Ontario Inc, 2012 ONSC 25 (on the jurisdictional issue) and 2195002 Ontario Inc v Tribute Resources Inc, 2012 ONSC 5412 (on the interpretation issues)

These two decisions represent one example of the efforts of Ontario landowners who claim ownership of natural gas storage rights by virtue of owning the rights to petroleum and natural gas to assert those rights against working interest owners who claim to have acquired storage rights by various old instruments including petroleum and natural gas leases, unitization arrangements, and, in some cases, specific gas storage leases. The cases are part of a broader litigation strategy in which storage owners are trying to negotiate more favourable economic terms that afford them the right to participate in the value that the storage represents to Ontario utilities and generators.

Applicants to a Feed-in Tariff Program Must Expect Change

By Nigel Bankes

On October 16, 2012

In Administrative Law, Climate Change, Energy

By: Nigel Bankes

PDF Version: Applicants to a Feed-in Tariff Program Must Expect Change

Case Commented On: Skypower CL 1 LP et al v Minister of Energy (Ontario) et al, 2012 ONSC 4979

In an earlier post entitled “Low carbon energy policies: vested rights, legitimate expectations and differential treatment in domestic and international law” (see here). I commented on a UK case involving changes to a feed-in tariff (FIT) program as well as a couple of ongoing international arbitrations against Canada involving provincial energy policies (one in British Columbia and one in Ontario, the Mesa Power arbitration). The Skypower decision which is the subject of this post involves changes to Ontario’s FIT program. The common theme of all of these cases are the legal implications for government where government changes its mind about the terms of incentive programs designed to encourage the uptake of low carbon forms of generation.

Author: Nigel Bankes Page 66 of 89

Bill 2 and its implications for the jurisdiction of the Environmental Appeal Board

Court of Appeal approves decision concluding that water rights did not pass with a transfer of land

Manitoba Decision on the Assignment of a Royalty Interest

Natural Gas Storage Rights in Ontario: Questions of Jurisdiction and Interpretation

Applicants to a Feed-in Tariff Program Must Expect Change