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Category: Oil & Gas Page 52 of 57

Court of Appeal Rejects the Constructive Trust Analysis in Brookfield

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On June 25, 2009

In Oil & Gas, Remedies

Case considered: Brookfield Bridge Lending Fund Inc. v. Vanquish Oil and Gas Corporation, 2009 ABCA 99, reversing 2008 ABQB 444

PDF version:  Court of Appeal rejects the constructive trust analysis in Brookfield

The Court of Appeal by a 2:1 majority (Justices Frans Slatter and Patricia Rowbotham for the majority, Justice Ronald Berger dissenting) has overruled the decision at trial by Justice Bruce McDonald to impose a constructive trust on the assets of an operator beyond the express trust provided for by clause 507 of the CAPL Agreement.

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Successful application for summary dismissal in an oil and gas lease validity case

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On June 23, 2009

In Oil & Gas

Case considered: Desoto Resources Limited v Encana Corporation, 2009 ABQB 337

PDF version: Successful application for summary dismissal in an oil and gas lease validity case

In this case Jodie L. Mason, Master in Chambers, granted summary dismissal of an action brought by Desoto as proceedings to justify the continuation of its caveat. I have blogged on this fact pattern on a previous occasion as a comment on the Board’s decision to suspend Desoto’s licence.

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Charter and Oil and Gas Issues to Await Another Day: A Disappointing End to the Kelly Appeal?

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On June 3, 2009

In Environmental, Natural Resources, Oil & Gas

Case Considered: Kelly v. Alberta (Energy and Utilities Board), 2009 ABCA 161

PDF version: Charter and Oil and Gas Issues to Await Another Day: A Disappointing End to the Kelly Appeal?

In an earlier post, I suggested that a recent development in the Kelly appeal would likely lead the Court of Appeal to declare the appeal moot (see “An Important Development in the Kelly Appeal“). I also suggested that, although this would not be a surprising decision, it would amount to a disappointing end for an appeal which held out promises of elucidating important legal issues. The Court of Appeal has indeed dismissed the Kelly appeal as moot. Although this result is certainly disappointing from a legal point of view, it is perhaps less so from a societal and public participation point of view.

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Rights of first refusal in a package sale of oil and gas properties: a follow up to Chase Manhattan

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On April 21, 2009

In Oil & Gas

Cases considered: Bearspaw Petroleum Ltd. v. ConocoPhillips Western Canada Partnership, unreported judgement of Master Hanebury, February 26, 2009
Bearspaw Petroleum Ltd. v. ConocoPhillips Western Canada Partnership, 2009 ABQB 202 (Master in Chambers)

PDF version: Rights of first refusal in a package sale of oil and gas properties: a follow up to Chase Manhattan

The rationale for the right of first refusal (ROFR) in the context of jointly owned oil and gas properties is well understood. ROFRs are typically included in a variety of oil and gas agreements and in particular the operating agreement (see Article 24 of the various iterations of the Canadian Association of Petroleum Landmen (“CAPL”) form). But they are messy, especially in so-called package sales where a party is disposing of a number of assets in a particular deal. Current versions of the CAPL form provide a procedure for dealing with package deals but the provisions are not free of difficulty and older forms offer little if any guidance.

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Extraordinary Times Justify Extraordinary Remedies: Interim Measures under the AIPN Standard Form Operating Agreement

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On April 9, 2009

In Bankruptcy and Insolvency, Oil & Gas

Cases Considered: BG International Limited v. Canadian Superior Energy Inc., 2009 ABCA 127; BG International Limited v. Canadian Superior Energy Inc., 2009 ABCA 73 (Justice Carole Conrad, chambers)

PDF Version: Extraordinary times justify extraordinary remedies: interim measures under the AIPN standard form operating agreement

This is the first Alberta and indeed Canadian decision to consider the standard form operating agreement of the Association of International Petroleum Negotiators (AIPN) (2002). The Court of Appeal has upheld the order of Justice Barbara Romaine [unreported, February 11, 2009] sitting in chambers to issue an interim receivership order with respect to Canadian Superior Energy Inc’s (CSEI) interest in an exploration property in the offshore area of Trinidad and Tobago. In the course of doing so the order effected a change of operatorship and provided significant interim relief to BG International (BGI) in order to preserve the jointly owned property and to ensure continued drilling and testing operations.

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