Recent Judicial Decisions of Interest to Energy Lawyers


  • Olivia C. Dixon Associate, Osler, Hoskin & Harcourt LLP, Calgary, Alberta.
  • Colin Feasby Managing Partner, Osler, Hoskin & Harcourt LLP, Calgary, Alberta.
  • Jung Lee Director of Legal Services, Encana Corporation, Calgary, Alberta.



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.