This paper summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review key cases in the past year and provide comment on the significance and implications of these developments to the Canadian energy industry.

This paper will cover several broad areas of law including: Aboriginal law, administrative law, arbitration, contractual interpretation, constitutional law, bankruptcy and insolvency, intellectual property, and notable developments in civil procedure. Specific topics addressed include: the appropriate standard of review for judicial reviews and statutory appeals, disclaiming environmental liabilities in the bankruptcy process, provincial and federal jurisdiction over interprovincial pipelines, interprovincial trade, and carbon pricing, the Crown’s duty to consult in resource projects, certification in environmental class actions, document production in arbitration, developments in the application of summary judgment, transfer of abandoned wells and remediation obligations,“drill, drop or pay” obligations in oil and gas leases, oil and gas related patent infringement, and pipeline spill liability.

In each case, the facts, a summary of the decision, and commentary on the outcomes and future implications for energy lawyers and the industry are canvassed.

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About the Speakers

M Matti Lemmens
Borden Ladner Gervais LLP
Matti practices in all areas of commercial litigation. She has experience representing Canadian and international clients in litigation and alternative dispute resolution.

Matti has appeared before the Provincial Court of Alberta, the Court of Queen’s Bench of Alberta, the Nova Scotia Supreme Court, the Ontario Superior Court of Justice, the Supreme Court of the Falkland Islands, the Federal Court (Canada), the Alberta Court of Appeal and the Supreme Court of Canada.

Matti is the Environmental Group leader in our Calgary office.

B Brett Carlson
Borden Ladner Gervais LLP
Brett's practice focuses on corporate commercial, energy, and construction related disputes, energy and utility regulation, and public law appellate advocacy. Brett also maintains a government relations and political law practice, helping clients navigate and comply with federal and provincial elections and lobbying regimes.

Brett has appeared before the Alberta Court of Queen's Bench, Alberta Court of Appeal, Federal Court of Canada, and Supreme Court of Canada, and has experience in various regulatory tribunals including the National Energy Board, Alberta Utilities Commission, and College of Physicians and Surgeons.

Prior to joining BLG, Brett worked as a policy and parliamentary affairs advisor to the Minister of Environment and Minister of Health.

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