Recent Judicial Decisions of Interest to Energy Lawyers

  • Donald E. Greenfield Partner, Bennett Jones LLP
  • Thomas W. McInerney Partner, Bennett Jones LLP
  • Ian R. Laing Assistant General Counsel, Imperial Oil Limited


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.