Category Archives: Oil & Gas

Terminating a Long Term Gas Sales Contract on Account of a Material Adverse Change: The Continuing Fallout from the Collapse of the Enron Empire

Posted on January 31, 2009 by Nigel Bankes

Cases Considered: Marathon Canada Ltd v. Enron Canada Ltd, 2008 ABQB 408; Marathon Canada Ltd v. Enron Canada Ltd, 2009 ABCA 31. PDF Version: Terminating a long term gas sales contract on account of a material adverse change: the continuing … Continue reading →

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What Zones Were the Subject of a Unitization Agreement?

Posted on December 27, 2008 by Nigel Bankes

Cases Considered: Signalta Resources Limited v. Dominion Exploration Canada Limited, 2007 ABQB 636; Signalta Resources Limited v. Dominion Exploration Canada Limited, 2008 ABCA 437 PDF Version:  What zones were the subject of a unitization agreement? I blogged the trial decision … Continue reading →

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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 →

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Landowners, Procedural Fairness and Alberta’s Energy Resources Conservation Board

Posted on August 21, 2008 by Nickie Nikolaou

Cases Considered: Domke v. Alberta (Energy Resources Conservation Board), 2008 ABCA 232. PDF Version:  Landowners, Procedural Fairness and Alberta’s Energy Resources Conservation Board In a break from what seemed to be a growing trend, Mr. Justice Keith Ritter has refused leave … Continue reading →

Posted in Constitutional, Oil & Gas | 2 Comments