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University of Toronto Press, Scholarly Publishing Division
The Oil and Gas Lease in Canada / Edition 1

The Oil and Gas Lease in Canada / Edition 1

by John Bishop Ballem
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Long recognized as the standard work on the topic, The Oil and Gas Lease in Canada discusses the legal document that determines the process by which a freehold mineral owner may grant oil companies the right to search for and produce minerals. Subjected to ongoing litigation and governmental regulation, the Lease continues to evolve as the body of common law surrounding it grows and develops. The substances covered by the Lease are unique in that their occurrence is uncertain until discovery, and they are capable of moving from place to place within a reservoir. These qualities have led to the development of new legal concepts, basically creating a separate and distinct branch of the law.

This fourth edition of The Oil and Gas Lease in Canada guides the reader through the complexities of the Lease and the legal issues attached to it. John Bishop Ballem brings the text up to date on recent developments, including changes and additions to the terms of the Lease, the effect of recent court decisions, and the growth of coal bed methane as an energy source. Of particular interest is his examination of what takes place following a Lease's involuntary termination. Ballem deals with specific examples of this situation, detailing its consequences for both individual mineral owners and companies, as well as for future judicial pronouncements. The fourth edition of The Oil and Gas Lease in Canada is indispensable for mineral owners, oil companies, land agents, lawyers, and legal institutions.

Product Details

ISBN-13: 9780802093509
Publisher: University of Toronto Press, Scholarly Publishing Division
Publication date: 06/07/2008
Edition description: Fourth Edition
Pages: 448
Product dimensions: 6.20(w) x 9.10(h) x 1.50(d)

About the Author

John Bishop Ballem (1925-2010) was a lawyer, author and globetrotter who practiced energy law at Gowling Lafleur Henderson LLP in Calgary.

Table of Contents

Preface to the Fourth Edition     ix
Preface to the Third Edition     xi
Preface to the Second Edition     xiii
Preface to the First Edition     xv
Function and Legal Categorization of the Oil and Gas Lease     1
Introduction     3
Function and History of the Oil and Gas Lease     5
Legal Category of the Oil and Gas Lease     15
Entering into the Lease     27
Negotiations for and Capacity to Grant a Lease     29
Formation of the Lease     60
The Lease     103
What the Lease Grants     105
The Habendum and Interpretation Clauses     149
Royalties, Suspended Well Payments, and Taxes     178
Drainage - Offset Drilling and Pooling     224
Unitization     251
Administrative and Procedural Provisions     265
Other Versions of the Clauses and Additional Provisions     301
The Top Lease     323
Top Lease     325
Involuntary Termination     337
Termination of the Lease     339
Deferring the Commitment to Drill     356
Termination of Productive or Potentially Productive Leases     367
Accounting for PastProduction     384
Estoppel     402
Litigating the Oil and Gas Lease     424
Index of Legislation     431
Index of Cases     435
Index of Secondary Authorities     450
General Index     455

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