Energy Litigation



British Columbia Supreme Court sets precedent for consideration of cumulative effects on treaty rights
By Marlena Bova


Supreme Court of Canada upholds the Greenhouse Gas Pollution Pricing Act: the ruling and its consequences
Litigation Bulletin
By Robert Martz and Brendan Downey


​Unqualified rights to terminate an Operator are not qualified by any implied duties
Energy Newsletter
By Katy Josephs (Student-at-Law)


InterOil decision: Yukon Court of Appeal offers guidance for determining the fair value of shares
Securities Bulletin
By Jessica Brown, Lindsay Cox and Ben Otto


Trans Mountain Pipeline Expansion Project clears legal hurdles
The Negotiator, Canadian Association Of Petroleum Landmen (CAPL), April 2020
By Paul Chiswell and Brendan Downey


Summary judgment is increasingly unavailable for disputes involving oil and gas contracts
Energy Newsletter - November 2019
by Katy Josephs (Student-at-Law)


One step closer to expanding Trans Mountain pipeline: a case comment on Reference Re: Environmental Management Act (British Columbia), 2019 BCCA 181
Energy Newsletter - November 2019
By Ben Otto


Interpreting offset well clauses in light of horizontal drilling: an analysis of two new cases
Energy Newsletter - November 2019
By Leslie-Anne Bowyer and Katy Josephs (Students-at-Law)


Radically redefining roles: proposed Indigenous ownership of the Trans Mountain pipeline
Energy Newsletter - November 2019
By Robyn Finley


Vesting off interests in land: the latest Dianor decision
ABlawg: The University of Calgary Faculty of Law Blog, Energy Bulletin
by Ashley Weldon and Tasha Wood


Bankruptcy is not a licence to ignore rules: Redwater, insolvency, and Alberta’s uncertain regulatory future
Energy Newsletter - May 2019
by Natasha Wood and Brendan Downey


The Court clarifies the “unassailable” standard for Summary Judgment in O’Chiese Energy Limited Partnership v Bellatrix Exploration Ltd.
BD&P Litigation Bulletin, February 2019
by Kylan Kidd and Seamus White (Student at Law)


Interpreting ROFR Exception Clause 902(d) in the PJVA Model Agreement: Canlin Resources Partnership v Husky Oil Operations Ltd.
BD&P Energy Bulletin - March 2018
Julie Taylor and Brendan Downey


Limiting Deemed Production: How Long Can a Shut-in Well Sustain a Valid Lease?
BD&P Energy Newsletter - December 2017
Deirdre Fleming, Student-at-Law


A Closer Look at Contractual “No-variation” Clauses
BD&P Energy Newsletter - December 2017
Marika Strobl


Alberta Court of Appeal Opens the Door in Yangarra v Precision Drilling: Exclusion Clauses May not Bar Liability for Reckless Misrepresentation
BD&P Energy Newsletter - December 2017
Paul Beke, Trevor McDonald and Deirdre Fleming, Student-at-Law


Supreme Court of Canada Sets Limit on Duty to Consult and Religious Freedom in Ktunaxa v B.C.
BD&P Energy Newsletter - December 2017
Paul Beke and Ashton Butler, Student-at-Law


The Oil and Gas ROFR: Understanding Current ROFR Issues from the Point of View of the Transactional Lawyer, the Litigator and In-House Counsel
2017 Alberta Law Review, Volume 55, Issue 2
Don MacDairmid, Sean Korney, Melanie Teetaert, Julie Taylor, Robert Martz and Randon Slaney


Supreme Court of Canada Affirms Test for Personal Liability of a Director for Oppressive Conduct
BD&P Securities Newsletter - October 2017
Payton Holliss, Student-at-Law


NEB’s Mixed Success in Meeting Duty to Consult with Indigenous Peoples: SCC’s Chippewas & Clyde River Cases
BD&P Client Bulletin - August 2017
Evan W. Dixon, Paul Beke, & Katy Josephs (summer research student)


Transactional Common Interest Privilege: Can you Safely Share Privileged Documents with a Transacting Party?
BD&P Commercial Transactions Newsletter - April 2017
Julia Lisztwan


SCC Denies Ernst a Claim for Damages Against the Alberta Energy Regulator
BD&P Energy Newsletter - March 2017
Paul Beke and James Delaney


Director & Officer Liability
BD&P Director & Officer Liability Newsletter - January 2017
Brandon Holden, Gina Ross, Carole Hunter, Evan Dixon, Hazel Saffery, Jack Schroder, Craig Alcock, Kelsey Clark, Kyle Isherwood and Paul Beke


Whole/Entire Agreement Clause
BD&P Energy Newsletter - November 2016
Brendan Sawatsky