University of Calgary Faculty of Law ABLawg.ca logo over mountains

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

By

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.

Read More

Hockey Night in Alberta

By

On October 19, 2012

In Labour/Employment

PDF version: Hockey Night in Alberta

Decision commented on: National Hockey League Players’ Association v Edmonton Oilers Hockey Corp, 2012 CanLII 58944 (AB LRB)

In the interests of full disclosure, I am a hockey fan, although I would prefer to play shinny or watch my son’s beer league playoffs rather than watch an NHL game. I have much more sympathy for agricultural workers who continue to be excluded from Alberta’s Labour Relations Code, RSA 2000, c L-1, and for the workers recently laid off by XL Foods, than I do for locked out NHL players (although I have even less sympathy for the owners).  So it was with some interest but not a lot of sympathy for either side that I read the recent decision of the Alberta Labour Relations Board in National Hockey League Players’ Association v Edmonton Oilers Hockey Corp, 2012 CanLII 58944.

Read More

Some Much Needed R&R: Revisiting and Relaxing the Test for Public Interest Standing in Canada

By

On October 18, 2012

In Constitutional, Intervenors and Standing

PDF version: Some Much Needed R&R: Revisiting and Relaxing the Test for Public Interest Standing in Canada

Case Considered: Canada (Attorney General) v Downtown Eastside Sex Workers Against Violence Society, 2012 SCC 45

On September 21, 2012, the Supreme Court of Canada revisited the doctrine of public interest standing in Canada (Attorney General) v Downtown Eastside Sex Workers Against Violence Society, affirming the decision of the British Columbia Court of Appeal to grant the Downtown Eastside Sex Workers Against Violence Society (the Society) public interest standing to challenge the prostitution provisions of the Criminal Code (ss 210 to 213).  We comment on this Supreme Court decision for its potential to revise how the doctrine of public interest standing is applied by Alberta courts going forward.

Read More

Applicants to a Feed-in Tariff Program Must Expect Change

By

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.

Read More

Walsh and Mobil Oil – The Long-Running Saga Continues

By

On October 10, 2012

In Human Rights, Labour/Employment

PDF version: Walsh and Mobil Oil – The Long-Running Saga Continues

Decision commented on: Walsh v Mobil Canada, 2012 ABQB 527

After several tribunal and court proceedings, taking place over the past 20+ years, Mobil was found to have discriminated against Delorie Walsh and to have retaliated against her for complaining by terminating her employment. There have been several blogs written about this case (see “Court of Appeal Rules in Walsh Case: End of a Seventeen Year Journey?”and “Justice Received After Nineteen Years Delay in Walsh Case: What’s to blame?”).

Read More

Page 309 of 420

Previous

Next

Powered by WordPress & Theme by Anders Norén