scholarly journals Recent Judicial Developments of Interest to Energy Lawyers

2011 ◽  
Vol 49 (2) ◽  
pp. 427
Author(s):  
Colin Feasby ◽  
Simon Baines ◽  
Daina Kvisle
Keyword(s):  
Environmental Law ◽  
Case Law ◽  
Administrative Law ◽  
Conflict Of Laws ◽  
Unjust Enrichment ◽  
Aboriginal Law

This article provides an overview of recent judicial developments of interest to energy lawyers. The authors summarize and provide commentary on recent Canadian case law in the areas of: Aboriginal law, administrative law, conflict of laws, contracts, environmental law, freehold leases, rights of first refusal, surface rights, unjust enrichment, and taxation.

scholarly journals Recent Judicial Developments of Interest to Energy Lawyers

2011 ◽  
pp. 517
Author(s):  
Jeff W. Bright ◽  
And Patrick W. Burgess
Keyword(s):  
Environmental Law ◽  
Case Law ◽  
Administrative Law ◽  
Bankruptcy Law ◽  
Conflict Of Laws ◽  
Securities Law ◽  
Aboriginal Law

This article provides an overview of recent judicial developments of interest to energy lawyers. The authors summarize and provide commentary on recent Canadian case law in the areas of: Aboriginal law, conflict of laws, contracts, environmental law, securities law, taxation, joint operators, bankruptcy law, freehold leases, administrative law, and rights of first refusal.

scholarly journals Recent Judicial Developments of Interest to Energy Lawyers

2012 ◽  
Vol 50 (2) ◽  
pp. 437
Author(s):  
Caireen E Hanert ◽  
James R Maclean
Keyword(s):  
Environmental Law ◽  
Case Law ◽  
Contract Law ◽  
Employment Law ◽  
Conflict Of Laws ◽  
Aboriginal Law

This article provides an overview of recent judicial developments of interest to energy lawyers. The authors summarize and provide commentary on recent Canadian case law in the areas of Aboriginal law, leases, joint operating agreements, surface rights, environmental law, contract law, taxation, privilege, employment law, conflict of laws, and limitations law.

scholarly journals Back to the future: Brexit, EIA and the challenge of environmental judicial review

2019 ◽  
Vol 21 (1) ◽  
pp. 6-20
Author(s):  
Maia Perraudeau
Keyword(s):  
Judicial Review ◽  
Environmental Law ◽  
Legal Culture ◽  
Case Law ◽  
Administrative Law ◽  
Environmental Legislation ◽  
Judicial Interpretation ◽  
Public Authorities ◽  
Environmental Decisions ◽  
The Eu

This article explores how legal culture influences judicial interpretation of environmental legislation, which in turn affects how effectively public authorities are legally held to account for environmental decisions. Analysis of initial case law from the UK’s transposition of the EU Environmental Impact Assessment Directive shows English administrative courts interpreting the directive so restrictively as to undermine the purpose of the legislation itself. It will be suggested that the political sensitivity and legal complexity of administrative law, combined with the legally challenging nature of environmental problems, contribute to a legal culture of narrow interpretation. In contrast, the purposive and effectiveness-orientated approach of EU legal culture facilitated the House of Lord’s later reinterpretation of the Directive, allowing increased judicial engagement in the challenge of environmental law. This article therefore contends that ensuring effective environmental law after Brexit will require a reframing of the legal culture of administrative law itself.

scholarly journals Recent Judicial Decisions of Interest to Energy Lawyers

2016 ◽  
Author(s):  
Donald E. Greenfield ◽  
Thomas W. McInerney ◽  
Ian R. Laing
Keyword(s):  
Environmental Law ◽  
Case Law ◽  
Employment Law ◽  
Contaminated Sites ◽  
Judicial Decisions ◽  
The Past ◽  
The Face ◽  
Polluter Pays Principle ◽  
Aboriginal Law ◽  
Summary Judgment

This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review and comment on the past year’s case law in several areas, including Aboriginal law, environmental law, employment law, contractual interpretation, enforcement of foreign judgments, surface rights, utility regulation, and selected developments in civil procedure. Specific topics addressed include the availability of summary judgment for operators’ claims in the face of countervailing non-operators’ claims, recent appellate case law regarding the duty to consult, and the application of the “polluter pays” principle in contaminated sites litigation.

scholarly journals Recent Judicial Developments of Interest to Oil and Gas Lawyers

1998 ◽  
Vol 36 (2) ◽  
pp. 486
Author(s):  
Douglas G. Mills ◽  
Brian Beck
Keyword(s):  
Oil And Gas ◽  
Environmental Law ◽  
Case Law ◽  
Administrative Law ◽  
Civil Procedure ◽  
Court Decisions ◽  
Offshore Drilling ◽  
Fiduciary Duties

This article is a compilation of recent Canadian court decisions pertaining to oil and gas law. Case law in the following areas has been surveyed: (1) contracts and torts; (2) lands, leases and titles; (3) royalty agreements; (4) surface rights; (5) offshore drilling; (6) administrative law; (7) environmental law; (8) tax; (9) directors' liability; (10) fiduciary duties; and (11) civil procedure.

scholarly journals Recent Judicial Decisions of Interest to Energy Lawyers

2017 ◽  
Author(s):  
Kevin Kerr ◽  
Ben Rogers ◽  
Marita Zouravlioff
Keyword(s):  
Climate Change ◽  
Constitutional Law ◽  
Environmental Law ◽  
Case Law ◽  
Good Faith ◽  
Background Information ◽  
Labour Law ◽  
Judicial Decisions ◽  
The Past ◽  
Aboriginal Law

This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review and comment on the past year’s case law in several areas including Aboriginal law, contractual interpretation, corporate governance and shareholder rights, employment and labour law, environmental law, utility regulation, constitutional law, and selected developments in civil procedure. Specific topics addressed include the duty to consult, plans of arrangement, the duty of good faith in contractual relations, environmental claims upon insolvency, and the constitutionality of federal climate change legislation. For each case, some background information is given, followed by a brief explanation of the facts, a summary of the decision, and some commentary on the outcome.

COHABITANTS IN PRIVATE LAW: TRUST, FRUSTRATION AND UNJUST ENRICHMENT IN ENGLAND, GERMANY AND CANADA

2013 ◽  
Vol 62 (3) ◽  
pp. 629-665 ◽  
Author(s):  
Anne Sanders
Keyword(s):  
Intimate Relationships ◽  
Case Law ◽  
Private Law ◽  
Party Autonomy ◽  
Unjust Enrichment ◽  
Legislative Action ◽  
The Law ◽  
Canadian Provinces ◽  
The Right ◽  
English Canadian

AbstractNeither in England, nor in Germany, nor in all Canadian provinces, does the law provide specific rules for the redistribution of property for unmarried cohabitants after the breakdown of their relationship. Instead, courts apply the law of trusts, contract and unjust enrichment with an eye to the characteristics of intimate relationships, as, for example, in decisions like the EnglishJones v Kernott([2011] UKSC 53) and the CanadianKerr v Baranow(2011 SCC 10). This article compares English, Canadian, and German case law and evaluates it both from a doctrinal perspective and as a part of a general approach towards cohabitation. The article concludes with an appeal for legislative action that strikes the right balance between party autonomy and protection of the weaker party.

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