Omers Energy Inc. v. Alberta (Energy Resources Conservation Board)

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Page: 23and not merely for speculation, continue to operate a well in the manner that it does? Or put simply,“Is there is a reasonable expectation of profitable returns from the well?” .[97] In conclusion, the Board did not err in applying a quantitative requirement. Its test of“meaningful”, as opposed to something more definitive in terms of quantity, would not have affectedits decision having regard to its fact findings. In my view, the Board used the word “meaningful”in the sense that the quantity was sufficient to provide a reasonable expectation of profits, and it didnot err in doing so.[98] The Board’s interpretation is correct. It gives effect to the plain and ordinary meaning of thecontract as a whole and with regard to the commercial realities at the time the parties entered theagreement.[99] The appeal is dismissed.IX. ConclusionAppeal heard on May 11, 2011Reasons filed at Calgary, Albertathis 7th day of September, 2011Conrad J.A.I concur:I concur:“authorized to sign”Berger J.A.McDonald J.A.
Page: 24Appearances:T.M. Bewsfor the AppellantD. Burns and G.D. Perkinsfor the Respondent Energy Resources Conservation BoardB.J. Rothfor the Respondent Montane Resources Ltd.W.T. Osvathfor the Intervener Eva Cymbaluk
Page 1 and 2: In the Court of Appeal of AlbertaCi
Page 5 and 6: Page: 4that a very low, or even non
Page 7 and 8: Page: 6[28] I am satisfied that the
Page 9 and 10: Page: 8[34] The search for the part
Page 11 and 12: Page: 10(c)Nothing herein shall req
Page 13 and 14: Page: 12whenever steps can be taken
Page 15 and 16: Page: 14marketed so that royalties
Page 17 and 18: Page: 16occurred. Indeed, if a well
Page 19 and 20: Page: 18production extends the prim
Page 21 and 22: Page: 20substances to produce. The
Page 23: Page: 222. If the lessee is conduct

Omers Energy Inc. v. Alberta (Energy Resources Conservation Board)

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