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.