The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024...more
In a recent decision, the Federal Court has rejected an attempt by non-governmental organizations (NGOs) to set aside ministerial approval of a significant offshore oil and gas project. The NGOs argued that the Minister...more
In IFP Technologies (Canada) Inc v EnCana Midstream and Marketing, 2022 ABKB 807, the Court considered for the first time how to perform an accounting of profits from an oil and gas working interest between tenants in common...more
Vancouver City Council recently passed a motion to fund a proposed class action against various oil and gas companies to recover costs associated with climate change....more
On December 31, 2019, the British Columbia Supreme Court confirmed that interlocutory injunctions, which can include police enforcement clauses, are an available remedy to restrain protesters from blockading pipeline projects...more
More than four years of contentious litigation concluded this month when the Supreme Court of the State of New York released its judgment in the People of the State of New York v Exxon Mobil Corporation. The Court found...more
12/17/2019
/ Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Dismissal With Prejudice ,
Environmental Policies ,
Exxon Mobil ,
Fraud ,
Martin Act ,
Misrepresentation ,
Oil & Gas ,
Popular ,
Securities Fraud ,
Standard of Proof ,
State Attorneys General ,
Voluntary Disclosure
Fifteen youth from across the country, through their parents and litigation guardians, have joined forces in a lawsuit against the federal government over climate change, filed Friday in Federal Court in Vancouver. The case,...more
On March 19, 2019, the Alberta Court of Queen's Bench (ABQB) ruled in Karve Energy Inc. v Drylander Ranch Ltd., 2019 ABQB 298 that the Surface Rights Board (Board) does not have the authority to interfere with the amount of...more
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
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
On July 19, 2018, the United States District Court for the Southern District of New York followed an emerging trend in federal jurisprudence by dismissing a claim against several oil and gas producers in City of New York v....more
On June 25, 2018, the United States District Court for the Northern District of California dismissed a claim against several oil and gas producers for impacts relating to climate change in The City of Oakland v. BP, Chevron...more
7/5/2018
/ BP ,
Chevron ,
Clean Air Act ,
Climate Change ,
ConocoPhillips ,
Dismissals ,
Environmental Protection Agency (EPA) ,
Exxon Mobil ,
Greenhouse Gas Emissions ,
Oil & Gas ,
Public Nuisance
There was no error in granting partial summary judgment on more than $5 million dollars in gas facility invoices, the Alberta Court of Appeal held in SemCAMS ULC v Blaze Energy Ltd, 2016 ABCA 113, despite the gas producer’s...more
The City of Burnaby’s latest effort to assert jurisdiction over work performed in Burnaby in connection with the Trans Mountain Expansion Project was recently dismissed for procedural and constitutional reasons in Burnaby...more
A challenge to the validity of oil and gas permits outside the judicial review process is a collateral attack and will be struck, the Alberta Court of Queen’s Bench held recently in Ominayak v Penn West Petroleum Ltd, 2015...more
First Nation Prevails in BC Environmental Appeal Board Decision By Mike Theroux, Brad Gilmour and Laura Gill In a decision released on September 3, 2015, the British Columbia Environmental Appeal Board granted the appeal of...more
The grant of exploration dispositions for oil sands located beneath treaty lands did not trigger the Crown’s duty to consult, the Saskatchewan Court of Appeal held recently in Buffalo River Dene Nation v Ministry of Energy...more
The Trans Mountain Expansion Project, which involves the proposed twinning of the existing Edmonton-Burnaby pipeline and the expansion of a marine terminal, was the subject of a number of court decisions last year involving...more
In IFP Technologies (Canada) v Encana Midstream and Marketing, 2014 ABQB 470, the Court clarified for the first time the circumstances in which a party that waives its right of first refusal under Article 24 of the 1990 CAPL...more
The B.C. Supreme Court has recently clarified the interpretation of section 8 of the B.C. Water Act. Section 8 relates to the power of the B.C. Oil and Gas Commission (OGC) to grant approvals to oil and gas companies for the...more
In the recent decision of the B.C. Surface Rights Board in Encana Corporation v Perry Burl Piper and Leslie Lancelot Dowd, the Board awarded compensation to landowners less than the amount previously offered by the operator. ...more
In reasons released on May 30, 2014, the B.C. Supreme Court set aside the B.C. Surface Rights Board’s compensation award to a landowner in northern B.C. and remitted the case back to the Board for reconsideration: Progress...more
The Saskatchewan Court of Queen’s Bench held in Buffalo River Dene Nation v The Minister of Energy and Resources and Scott Land & Lease Ltd, 2014 SKQB 69, that a decision of the Minister of Energy and Resources to post for...more
On November 13, 2013, two environmental organizations filed a petition that challenges the lawfulness of the BC Oil and Gas Commission’s (OGC) practice in granting approvals for the short-term use of water in hydraulic...more
On December 16, 2013, the Alberta Court of Queen’s Bench granted a long-term Order to Penn West Petroleum Ltd. prohibiting several members of the Lubicon Lake Cree from continuing to blockade a permitted access road in the...more