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Court of Appeal of Alberta to Reconsider Whether Gross Overriding Royalties Run With The Land

A recent chambers decision holding that gross overriding royalties (“GOR”) can be vested off in a reverse vesting order (“RVO”) is on its way up to the Court of Appeal of Alberta (the “ABCA”). The ABCA has granted leave to appeal Invico Diversified Income Limited Partnership v NewGrange Energy Inc, 2024 ABKB 214 (“Invico”).

The Chambers Decision

Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Court of Appeal of Alberta
Alberta Court of Appeal Dismisses Property Tax Appeal: Municipalities are Not Secured Creditors for Taxes Assessed on Pipelines, Wells and Other Linear Property

The Alberta Court of Appeal has dismissed an appeal brought by three municipalities (the “Municipalities”) seeking status as secured creditors entitled to special priority for payment of linear property taxes.

Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, McMillan LLP, Property tax, Secured creditor, Court of Appeal of Alberta
Supreme Court of Canada Allows Redwater Appeal: Regulator entitled to super-priority for abandonment and reclamation costs

A five judge majority of the Supreme Court of Canada has allowed an appeal brought by the Alberta Energy Regulator (“AER”) and the Orphan Well Association from the decision of the Alberta Court of Appeal in Orphan Well Association v Grant Thornton Limited, 2017 ABCA 124 (“Redwater”). The case has been one of the most closely watched by the Canadian oil and gas industry in decades.

Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal of Alberta