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Court of Appeal (England and Wales) Confirms High Court Decision on the Relationship Between a Farmout Agreement and an Operating Agreement

On January 4, 2021

PDF Version: Court of Appeal (England and Wales) Confirms High Court Decision on the Relationship Between a Farmout Agreement and an Operating Agreement

Decision Commented On: Apache North Sea Limited v Euroil Exploration Limited and Edison SPA, [2020] EWCA Civ 1397

In this decision, the Court of Appeal of England and Wales confirmed Judge Pelling’s decision in the High Court with respect to the drilling costs Apache was entitled to recover from Euroil under the terms of a farmout agreement (FOA) and its related joint operating agreement (JOA). I commented on Judge Pelling’s decision here and I refer readers to that earlier post for a more detailed statement of the facts, as well as references to Canadian decisions dealing with the relationship between an FOA and the JOA.

In that earlier post I suggested that the FOA at issue here would likely be denominated as a “farmout and participation agreement” in a Canadian context insofar as the drilling obligation was not a sole risk obligation of the farmee (Euroil) but rather was a shared risk operation for which Euroil was to cover only a percentage of the costs. The farmor, Apache, was to carry out the drilling operation as operator and was also responsible for a percentage of the costs.

ABlawg: Year in Review 2020

By Admin

On December 31, 2020

In Uncategorized

By: Admin

PDF Version: ABlawg: Year in Review 2020

Dedication

This year in review post is dedicated to the memory of Joseph J. Arvay, Q.C., O.C., O.B.C., who passed away suddenly on December 7, 2020. As the In Memoriam page on the website of his firm Arvay Finlay notes, Joe was “one of the most brilliant and successful constitutional and civil liberties lawyers of his time.” He represented parties in “some of the defining cases of our generation including, among many others, medical assistance in dying, access to legal safe injection sites, the right of workers to associate in pursuit of workplace goals, and LGBTQ rights.”

For many bloggers on this site, Joe was both a hero and a role model.

ABlawg is pleased to provide this compilation of highlights from 2020, summarizing and synthesizing bloggers’ contributions in different areas of law during the past year. Overall, it was a busy year that included important commentary on a range of matters, including, of course, various dimensions of COVID-19.

Reforming Family Maintenance and Support for Children: Bridging Gaps, or Unduly Restricting Testamentary Freedom?

By Matthew Mazurek

On December 15, 2020

In Family, Wills and Estates

By: Matthew Mazurek

PDF Version: Reforming Family Maintenance and Support for Children: Bridging Gaps, or Unduly Restricting Testamentary Freedom?

Report Commented On: Alberta Law Reform Institute, Family Maintenance and Support from the Estate of a Person Who Stood in the Place of a Parent, Report for Discussion 34 (3 November 2020)

ALRI is seeking feedback on Report for Discussion 34 before making final recommendations. Anyone can give feedback by completing a short survey before January 31, 2021.

When a second family in Alberta separates, a child may seek support from a person who stands in the place of a parent under the Family Law Act, SA 2003, c F-4.5. However, when a person who stands in the place of a parent dies in an intact second family, a child in need is prevented from seeking support from that person’s estate under the Wills and Succession Act, SA 2010, c W-12.2 (WSA). From a child’s perspective, there is little difference between a parent and a parent-like adult separating and the death of one partner. In either circumstance, the child has lost a source of emotional, intellectual, and financial support. Excluding some children in second families from accessing support while providing it to others may not make for prudent policy in today’s legal system. This is what we mean in our Report for Discussion 34 when we say that there may be a gap in the law for the purposes of support for children in Alberta. Should this difference persist in the law as a nod to the testamentary freedom of individuals? Should the gap be bridged by reform to the WSA? Report for Discussion 34 reviews the existing law, analyzes arguments for and against reform, and makes preliminary recommendations.

Domestic Violence and Access to Justice: A Mapping of Relevant Laws, Policies and Justice System Components Across Canada

By Jennifer Koshan

On December 7, 2020

In Access to Justice, Family, State Responses to Violence

By: Jennifer Koshan, Janet Mosher and Wanda Wiegers

PDF Version: Domestic Violence and Access to Justice: A Mapping of Relevant Laws, Policies and Justice System Components Across Canada

Matter Commented On: eBook on Domestic Violence Law across Canada, 2020 CanLIIDocs 3160

November 25 to December 10 marks the 16 Days of Activism Against Gender-based Violence provincially, federally and internationally. This is therefore an apt time for the publication of our new eBook on domestic violence law across Canada on Can LII (available at 2020 CanLIIDocs 316 0). This eBook is the first resource to systematically document all of the laws and government policies that pertain to domestic violence across the country as a first step in providing access to justice. Several of the laws and policies we discuss in the eBook have been previously addressed in ABlawg posts (see e.g. Clare ’s Law: Unintended Consequ ences for Domestic Violence Victims?; Manda tory Dispute Resolution Coming Back to Alberta, But What About Domestic Violence Cases?; Alberta’s Family Violence Laws: Intersections, Inconsistencies and Access to Justice). This post reproduces the Introduction and User Guide for this new eBook, which is aimed at people working with and supporting survivors of domestic violence, as well as researchers and government actors.

Water for Coal Developments: Where Will It Come From?

By Nigel Bankes

On December 4, 2020

In Energy, Environmental, Protection of Species

By: Nigel Bankes and Cheryl Bradley

PDF Version: Water for Coal Developments: Where Will It Come From?

Matters Commented On: A Coal Development Policy for Alberta (1976, rescinded June 1, 2020); Oldman River Basin Water Allocation Order, Alta Reg 319/2003

The Government of Alberta (GoA) is hell-bent on facilitating the development of new coal mines in the Province. To that end, it purported to rescind the long-standing Coal Development Policy (CDP) of 1976 effective June 1, 2020. The CDP prevented development of coal resources in Category I lands on the eastern slopes of the Rockies and only permitted the development of new underground mines (rather than open-pit mines) in Category II lands (see Figure 1, below, also available here).