Court of Appeal confirms QB decision that coalbed methane forms part of the natural gas title and not the coal title

PDF version: Court of Appeal confirms QB decision that coalbed methane forms part of the natural gas title and not the coal title

Case Considered: Encana Corporation v Devon Canada Corporation, 2012 ABCA 271, aff’g 2011 ABQB 431.

 The Court of Appeal in a unanimous memorandum of judgment (Justices McFadyen, O’Brien and O’Ferrall) has affirmed Justice Kent’s decision at trial in a case dealing with section 10.1 of the Mines and Minerals Act, RSA 2000, c M-17 (as am by SA 2010, c 20) (MMA).  That section declared that coalbed methane (CBM) is and always has been natural gas.  Justice Kent applied the new section 10.1 to grant summary judgement in competing actions brought by the coal owners and the natural gas lessees seeking declaratory relief as to the ownership of CBM in certain lands.  The actions in question had all been commenced before the amendment was introduced and passed. The Court held that section 10.1 was a complete answer to the competing claims and concluded that the natural gas lessees were entitled to a declaration that the coalbed methane had been granted to them under the terms of their natural gas leases.  I blogged on the trial judgment here.

Continue reading →

Fowl Play? A Look into Recent Canadian Reform Efforts for Backyard Chicken Legislation

By: Heather Beyko

PDF Version: Fowl Play? A Look into Recent Canadian Reform Efforts for Backyard Chicken Legislation

Case Commented On: R v Hughes, 2012 ABPC 250

The idea of local food sustainability is hard to argue with. Locally grown fresh food is valued among many and local food producers benefit greatly from community support and little to no operating or exporting costs. Yet the law can forbid certain actions that some may suggest are integral to advancing local food sustainability and the right to choose where your food comes from, or in this case, which chicken your eggs come from.

Continue reading →

Copyright in the School Setting: Interpreting “Private Study”

PDF version: Copyright in the School Setting: Interpreting “Private Study”

Decision commented on: Alberta (Education) v Canadian Copyright Licensing Agency, 2012 SCC 37.

As a first year student last year, I remember various professors telling us that, due to the University of Calgary’s copyright policy, they were no longer able to post certain materials to Blackboard (a digital course management system); instead we were given instructions to download the materials ourselves. At the time I remember internally questioning this artificial distinction and how it really protected copyright since in either case I was responsible to read the required material at the direction of the professor.

Continue reading →

Issuance of a Notice of Abandonment under Clause 1201 of CAPL is an Attempt to Exercise a “Right to Remedy” within the Meaning of the Typical Stay Provisions of a Receivership Order

PDF version: Issuance of a notice of abandonment under clause 1201 of CAPL is an attempt to exercise a “right to remedy” within the meaning of the typical stay provisions of a Receivership Order

Case Commented On: Baytex Energy Ltd. v Sterling Eagle Petroleum Corporation, 2012 ABQB 539

The Facts

Baytex and Sterling held 50% working interests in certain properties by way of various agreements of 1995 and 1996.  The properties were also subject to the terms of the CAPL Operating Procedure.  There were a number of producing wells on the joint lands and four non-producing wells.  Sterling was placed in receivership in June 2011 and the terms of the Receivership Order were brought to the attention of Baytex in August 2011.  Revenues from the producing wells continued to be paid to the Receiver.  The Order, conventionally, provided that:

Continue reading →

The letter decisions of the Energy Resources Conservation Board

PDF version: The letter decisions of the Energy Resources Conservation Board

Decision commented on: Reasons for July 17, 2012 Decision on Notice of Question of Constitutional Law, Osum Oil Sands Corp., Taiga Project, August 24, 2012.

In a letter decision of August 24, 2012 the Energy Resources Conservation Board (ERCB or Board) decided that it lacks the jurisdiction to determine whether or not the Crown in right of Alberta had discharged its duty to consult and accommodate the Cold Lake First Nation (CLFN) with respect to the impacts of a proposed SAGD bitumen project (the Taiga project).

Continue reading →