Alberta Court Dismisses Mandatory Injunction Based on CAPL “Take in Kind” Rights
On December 23, 2011, the Alberta Court of Queen's Bench dismissed an application for a mandatory injunction that would have forced the operator of jointly owned gas rights to undertake work to enable the nonoperator to physically take its raw gas at a pipeline header located upstream of a gas processing plant. Husky Oil Operations Ltd. v. Trident Exploration Corp., 2011 ABQB (unreported). In doing so, the court provided some guidance on the scope “take in kind” rights under the Canadian Association of Petroleum Landmen's (CAPL) operating procedures. Published in the Canada – Oil & Gas section of the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter, Volume 29, Number 1, 2012.