Assessment and Analysis of the Decision of the Alberta Court of Appeal in <i>OMERS Energy v. Alberta (Energy Resources Conservation Board)</i>

Abstract

This article provides an assessment of how the findings of the Alberta Court of Appeal in OMERS Energy v. Alberta (Energy Resources Conservation Board) compare and conflict with the approach historically taken by Canadian courts addressing the capability of a well and related issues. The authors then provide an analysis of uncertainties created by the findings of the Court and discuss the implications of the decision for the upstream oil and gas industry.