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.

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 Decisions of Interest to Energy Lawyers

2018 ◽  
pp. 479
Author(s):  
Olivia C. Dixon ◽  
Colin Feasby ◽  
Jung Lee
Keyword(s):  
Oil And Gas ◽  
Case Law ◽  
Background Information ◽  
Commercial Arbitration ◽  
Judicial Decisions ◽  
Aboriginal Law ◽  
Alcohol Testing ◽  
Oil And Gas Companies ◽  
Drug And Alcohol ◽  
Testing Policies

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 contractual interpretation, employment and labour law, Aboriginal law, constitutional law, intellectual property, bankruptcy and insolvency, and selected developments relating to summary judgments. Specific topics addressed include the appropriate standard of review, workplace drug and alcohol testing policies, appellate intervention in commercial arbitration, the appropriateness of granting summary judgments, valuation of dissenting shareholders’ shares, a duty to consult, the applicability of municipal bylaws when they conflict with federal legislation, and the rights and obligations of oil and gas companies placed into receivership. For each case, some background information is given, followed by a brief explanation of the facts, a summary of the decision, and commentary on the outcome.

scholarly journals Recent Judicial Decisions of Interest to Energy Lawyers

2019 ◽  
pp. 503
Author(s):  
Bryan Walker ◽  
Lucy L'Hirondelle
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Competition Law ◽  
Case Law ◽  
Background Information ◽  
Environmental Cleanup ◽  
Indigenous Law ◽  
Judicial Decisions ◽  
The Past

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 alternative dispute resolution, bankruptcy and insolvency, contractual interpretation (including operator agreements), competition law, corporate separateness, damages and limitations of liability, Indigenous law, torts, and selected developments relating to summary dismissal. Specific topics addressed include the interpretation of exclusion clauses; the reaffirmation of the principle of corporate separateness; confirmation that environmental cleanup costs take priority over creditors in bankruptcy proceedings; confirmation that the development, passage, or enactment of legislation does not trigger the duty to consult; and apportionment of liability and Pierringer agreements. For each case, some background information is provided, followed by a brief explanation of the facts, a summary of the decision, and commentary on the outcome.

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 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 Bad and Good Faith of the Applicant in the Restitution Process: The Case-Law of the ECtHR

Teisė ◽  
2018 ◽  
Vol 108 ◽  
pp. 7-21
Author(s):  
Nika Bruskina
Keyword(s):  
Full Article ◽  
Case Law ◽  
Good Faith ◽  
Bad Faith ◽  
The Past ◽  
Ownership Rights ◽  
Article Abstract

[full article, abstract in Lithuanian; only abstract in English] The Article examines the case-law of the ECtHR related to the good or bad faith of the applicant in the context of the restoration of ownership rights to the property nationalized in the past.

scholarly journals Umweltschutzrecht in Ungarn

2021 ◽  
Vol 67 (3) ◽  
pp. 276-297
Author(s):  
László Fodor
Keyword(s):  
Turning Point ◽  
Environmental Law ◽  
Competition Law ◽  
Environmental Policies ◽  
The Political ◽  
Historical Overview ◽  
Environmental Legislation ◽  
Judicial Decisions ◽  
The Past ◽  
Fundamental Freedoms

Until 1990, Hungary’s environmental legislation had been broadly incomprehensive. Since then, several laws and judicial decisions were passed, and scholarly literature on this topic exists in abundance. However, as yet, there is no exhaustive evaluation of the development of the legal and legislative development of the country’s environmental law of the past thirty years. This article provides a historical overview of Hungary’s environmental law, followed by an outline of the developments of the 1990 s; it then presents Hungary’s post-millenial environmental law, shedding light on the first decade. The next chapter covers Hungary’s environmental law after 2010, which was a turning point in the country’s environmental policies, associated with the FIDESZ party’s accession to power and several controversial environmental policies. The article concludes that environmental law cannot be observed separately, but must always be reviewed in conjunction with, and in the context of, changes in the entire legal system and the political changes taking place in a country at large. Despite EU approximation of environmental law, there are still cases of Hungarian environmental law contradicting European domestic market fundamental freedoms and competition law.

scholarly journals Evidence, Persuasion and Diversity

2020 ◽  
Vol 40 (2) ◽  
pp. 237-254
Author(s):  
Derek Allen
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Constitutional Law ◽  
Background Information ◽  
Supreme Court Of Canada ◽  
Legal Cases ◽  
Aboriginal Law ◽  
Primary Focus ◽  
Relevant Material ◽  
Selection Of

My topic is the theme of the E-OSSA 12 conference, namely Evidence, Persuasion and Diversity. I will present relevant material from a selection of Canadian legal cases, along with background information as needed and commentary. My primary focus will be on two landmark Supreme Court of Canada cases—an Aboriginal law case and a case that was both a constitutional law case and a criminal law case.  

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 Member States’ Sovereignty in the Socio-Economic Field: Fact or Fiction?

2018 ◽  
Vol 9 (1) ◽  
pp. 50-72 ◽  
Author(s):  
Femke Laagland
Keyword(s):  
European Union ◽  
Case Law ◽  
The European Union ◽  
Labour Law ◽  
Freedom Of Establishment ◽  
Member States ◽  
Law System ◽  
Economic Diversity ◽  
The Past ◽  
European Business

The author assesses the case law of the Court of Justice of the European Union (the Court) in which the European business freedoms collide with national labour law. The approach of the Court will be scrutinised with the aim of discovering the extent to which the Court encroaches upon the Member States’ autonomy in the field of labour law. This topic became popular directly after the landmark decisions in Viking and Laval of December 2007. Both cases addressed conflicts that were related to socio-economic diversity in the European Union following the enlargements. In the end, the Court decided where the balance between the conflicting economic and social values had to be struck and, by doing so, did not grant any room of discretion to the Member States. Since then, the freedom of establishment and the freedom to provide services have obtruded themselves into the sphere of national labour law. The Court has broadened its jurisdiction in the socio-economic field not only in cross-border situations but also in internal situations via its interpretation of social policy Directives by virtue of Article 16 CFREU. The research shows that the Court is assessing the legitimacy of restrictions imposed by national labour law in seemingly different distinguishable ways since 2007. Although the Court does not seem to aspire to a uniform labour law system throughout the European Union, its approach applied in Viking and Laval cannot be considered a thing of the past. Due to poor reasoning, it is not clear when and where the Court draws the line. Since its rulings cannot readily (or even at all) be subject to political review, the ensuing legal uncertainty leads to anxiety about the Court being the ultimate decider in the socio-economic field.

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