The Law of Restitution and the Unexpected Termination of Petroleum and Natural Gas Leases


  • David R. Percy



Energy Law, Petroleum Law


The prevailing Canadian authorities more than justify John Ballem's conclusion that "many a lease has come to an untimely and unexpected end". This paper explores the right of a lessee to obtain compensation in the law of restitution for work performed where a lease has unexpectedly terminated. It examines the extent to which the case law relating to mineral leases supports a lessee's claim and considers the impact on that case law of the rapidly-emerging law of restitution.