Stikeman Elliott's Karen Fellowes KC and Natasha Doelman authored a case law update which has now been published in the Energy Law edition of the Alberta Law Review. This paper was originally presented at the Canadian Energy Law Foundation Research Seminar in Jasper. While the cases were selected with particular attention to the interests of the energy industry, many of them will be of interest to those in other business sectors.
The article summarizes a number of recent judicial decisions from across the country. The authors review key case law across various categories including: Indigenous and First Nations law; contractual interpretation; environmental law; tax law; corporate and securities law; bankruptcy and insolvency; and constitutional law. In each area of law, the authors will provide insight on the significance and potential implications of these decisions for the Canadian energy industry.
The authors also canvas more specific topics, such as: economic interests and the Crown's duty to consult; the Canada Revenue Agency's priority ranking in the restructuring process; the ability of receivers to disclaim an agreement in the bankruptcy process and unilaterally impose go-forward terms on a secured party; the priority of builders' liens in the face of abandonment and reclamation obligations; the evolution of the "reverse vesting order"; and provincial control over resources.
The authors would like to acknowledge the support and assistance of Alec Pollock, Archer Bell and Dali Holloway, associates in the Calgary office.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.