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Blog: Cost Consequences - Considerations in the Context of Surface Rights Act APpeals

08-May-20

By the McLennan Ross Energy, Environmental & Regulatory Team

Introduction

Under Alberta’s Surface Rights Act (“Act”), when a landowner and an oil and gas company (“Operator”) cannot agree, the amount of compensation payable for the granting of surface rights is determined by the Surface Rights Board (“SRB” or “Board”). Compensation orders of the SRB may be appealed by either party to the Court of Queen’s Bench (“Court”). The Act has unique rules with respect to the costs of those appeals and those rules are the subject of an interesting decision recently issued by the Court.

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