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Canada Appeals Oil & Gas

Bennett Jones LLP

Entitlement to Production Revenues Between the Effective Date and Closing in Insolvency Vesting Orders

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One of the main benefits to a purchaser who buys oil and gas assets in a proceeding under the Companies' Creditors Arrangement Act or a receivership is the near-absolute quieting of title via a "vesting order." In Manitok...more

Stikeman Elliott LLP

“Federalism is Fundamental to Canada’s Existence”: Impact Assessment Act is Unconstitutional According to the Alberta Court of...

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On May 10, 2022, the Alberta Court of Appeal released its decision on the constitutionality of the Impact Assessment Act and Physical Activities Regulations (collectively, the "IAA"). The IAA was enacted with the purpose of...more

Flaster Greenberg PC

Marcellus Shale Update: American Governors Now Seek to Control American Foreign Policy Through Fuel Pipeline Permitting

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...The absurdity of the current United States pipeline permitting process was on full display last week in two nearby states in the Upper Midwest. On Thursday, Enbridge, the Canadian pipeline company, received notice from...more

Bennett Jones LLP

Can an Insolvency Court Extinguish Interests in Land Through Vesting Orders?

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The Ontario Court of Appeal recently released the second of two highly anticipated decisions stemming from the receivership proceedings of Dianor Resources Inc. The first decision clarified the test used to determine when a...more

Bennett Jones LLP

B.C.’s Highest Court Rules Province’s Attempt to Regulate Bitumen Unconstitutional

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On May 24, 2019, a five-member panel of the British Columbia Court of Appeal (BCCA) unanimously determined that British Columbia's proposed amendments to the Environmental Management Act, SBC 2003, c 53 (the EMA) are...more

Bennett Jones LLP

When Is It Too Late to Sue for Environmental Contamination? The ABCA Rules

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On February 6, 2019, the Alberta Court of Appeal (ABCA) released its first ever decision on section 218 of the Environmental Protection and Enhancement Act (EPEA), which may extend limitation periods applicable to...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Bennett Jones LLP

A Producing Royalty as an Interest in Land: The Alberta Court of Queen's Bench Follows Dianor

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Holders of royalties in oil and gas and other minerals should take note of the recent decision of the Alberta Court of Queen's Bench in Manitok Energy Inc. (Re), 2018 ABQB 488 [Manitok], in which the Alberta Court followed...more

Bennett Jones LLP

Ontario Court of Appeal Clarifies and Reaffirms Dynex: Gross Overriding Royalties and Interests in Land

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In a decision of critical interest to the holders of overriding royalties in the mining and oil and gas sectors, the Ontario Court of Appeal has clarified the test used to determine when a royalty interest constitutes an...more

Bennett Jones LLP

Security for Costs Decision Allows Significant Recognition and Enforcement Appeal to Proceed

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On October 31, 2017, the Ontario Court of Appeal released the latest decision in a nearly 25-year legal saga being pursued on behalf of approximately 30,000 indigenous Ecuadorian villagers affected by environmental pollution...more

King & Spalding

Energy Newsletter - August 2017

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Practical Issues Under Joint Operating Agreements Relating to Withdrawals, Transfers and Changes in Control - In light of their long term objectives and potential future transactions, parties should consider the...more

Bennett Jones LLP

Court of Appeal Upholds Limit On "Pay First, Dispute Later" Principle

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In a recent decision in Talisman Energy Inc v Questerre Energy Corporation, 2017 ABCA 218 [Talisman], the Alberta Court of Appeal upheld the decision of the Court of Queen's Bench, to place limits on the "pay now, dispute...more

Bennett Jones LLP

Saskatchewan Court of Appeal Clarifies Priority Rules for Builders' Liens Arising in Connection with the Recovery of Minerals

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The Saskatchewan Court of Appeal recently released a landmark decision National Bank of Canada v KNC Holdings Ltd, 2017 SKCA 57 (National Bank) which will significantly affect the priority ranking of certain Saskatchewan...more

Bennett Jones LLP

Marquee Energy Appeal Reaffirms Plans of Arrangement Law in Canada

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In a decision released on November 15, 2016, the Alberta Court of Appeal allowed the appeal of Marquee Energy Ltd. (Marquee) from a prior decision of the Court of Queen's Bench of Alberta which had required, as a condition to...more

Bennett Jones LLP

Alberta Judge Upholds No-Fault Provisions of CAODC Master Daywork Contract

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The Alberta Court of Queen’s Bench recently upheld the no-fault provisions of the standard form, Canadian Association of Drilling Contractors (CAODC) Master Daywork Contract (MDC) in Precision Drilling Canada Limited...more

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