EnerMatix Articles

Good Faith and Honest Contracting – Impacts of Bhasin v. Hrynew on Land Agreements
May 24th, 2015 | Categories : Land A&D, Oil & Gas

In 1796, George Washington’s presidential farewell letter included the advice, “that honesty is always the best policy.” Curiously, since Confederation, honesty has never been an established principle of Canadian contract law. As polite as Canadians may be, they reserved the right to be self-serving when it came to contract performance. This has changed.

In November 2014, the Supreme Court of Canada released a landmark decision in the Alberta case, Bhasin v. Hrynew, 2014 SCC 71. It has far reaching implications for the Canadian common law of contract because it expands implied terms, creates a duty of honest contractual performance, and establishes an overarching principle of good faith. The case raises policy and process concerns about how contracts are drafted, maintained, and about how they are terminated when a party experiences an economic loss due to termination. Petroleum land administrators, analysts, and negotiators need to know what this means and how to put it into practice. …Read the Rest of this Article

Land Asset Management – Dissolutions, Receiverships, and Missing Lessors Presentation
October 16th, 2012 | Categories : Land A&D

On October 16, 2012 Tracey Stock gave a lunch’n learn presentation to The Canadian Association of Petroleum Land Administration (CAPLA) on Land Asset Management – Dissolutions, Receiverships, and Missing Lessors. Video of the presentation is available below for viewing. In addition, slides from the presentation are available to view from the CAPLA web site.

Well Allocation Agreements Presentation Slides
May 16th, 2012 | Categories : Land A&D

During the 2012 CAPLA Conference in May, Tracey Stock gave a presentation on Well Allocation Agreements. The slides from the presentation are now available for viewing from the link below.

Current Issues on Rights of First Refusal
October 22nd, 2008 | Categories : Business Practises, Land A&D, Oil & Gas

At summer camp I remember singing Michael, Row the Boat Ashore, in endless rounds as the orange glow of the crackling fire lit the night while we kids were safely seated so far away from the conflagration that we felt no heat and mostly spent the night swatting mosquitoes, shivering, and yearning for the torture to end. Amid these sweet memories I recall that a fireside buddy once asked me, “Where’s Michael rowing?” and I quickly answered, “Fer shore dummy, he’s rowin’ fer shore”. Years later, as a newbie evaluations engineer in the oil patch, I was asked if there were any “row fer’s” on some land. I was very confused. “Row fer?” The first thing I thought of was Michael’s endless row fer shore to get to that milk and honey on the other side, or sometimes to meet someone’s mother. …Read the Rest of this Article

The Little Land System®
March 8th, 2008 | Categories : Land A&D, littlelandsystem, Oil & Gas, Software

Finding ways to cut costs and remain competitive are important challenges for small business owners, especially in the oil and gas industry. Managing land information efficiently is the key to capitalizing on business opportunities and is best done with specialized computer software. The price of most of the products on the market, however, is prohibitively high for junior explorers and producers. Because of this lack of viable software options, these small companies are forced to choose between trying to come up with the funds for these expensive programs in the hopes that they will “grow” into them, or trying to keep track of important land information using basic spreadsheets. In order to provide an affordable alternative for small companies, Tracey Stock and his associates Debbie Degenstein, Rory McGuire, and Moya Little have designed The Little Land System®, a product of Enermatix Consulting Inc. This new system is now available, but will be formally launched on March 19, 2008, at a presentation being held at the Chamber of Commerce, and provides an exciting new alternative for small businesses that need to manage oil and gas land information. …Read the Rest of this Article

Trust Agreements and Trust Declarations
March 7th, 2008 | Categories : Business Practises, Confidentiality, Land A&D, Oil & Gas

Trust agreements and trust declarations are some of the most common business tools being used in the Canadian oil and gas industry. However, many people drafting, executing, and administering these tools are not aware of their importance and the best practices for their use. This article will shed a bit of light on key issues about trusts from the land perspective. …Read the Rest of this Article

Confidentiality Agreements and Areas of Exclusion
January 17th, 2008 | Categories : Business Practises, Confidentiality, Corporate, Oil & Gas

If we want to promote a business opportunity we need to provide information about it, but by providing the information we may have our idea, vision, or data exploited by a competitor. Organizations are reluctant to disclose without safeguarding what they share. Organizations are reluctant to invest without receiving satisfactory disclosure. The confidentiality agreement is one of the oil and gas industry’s most common business tools in helping to overcome this paralysis. …Read the Rest of this Article

Box Bombs
January 17th, 2008 | Categories : Business Practises, Oil & Gas, Organization

In your office, on the floor, under a table, there may be a box full of paper that’s a financial and legal time-bomb waiting to sabotage your strategic plans and terminate your tactical genius. It’s the box with closing documents from your last deal and you haven’t done anything with it since it was delivered. You mean to. But, you’re busy and haven’t gotten around to it yet. Soon, it’ll be a box full of trouble. …Read the Rest of this Article

Well World
October 11th, 2007 | Categories : Corporate, Oil & Gas

A colleague just dropped by with a puzzled and panicked look on their face. In their hand was a list of instructions passed to them by corporate pooh-bahs who had decided to divest the organization of all its properties that were producing in the bottom 25th quartile. Undoubtedly the pooh-bahs were very proud of their strategic brilliance. Unfortunately, corporate moves are not just about strategy. It’s also crucial that any strategy fit with tactical logistics and in this case the pooh-bahs weren’t thinking about the tactics of implementing their grand scheme. We sat down together and studied the well list. …Read the Rest of this Article

Finding Gold But Missing Gems
October 10th, 2007 | Categories : Business Practises, Land A&D, Oil & Gas, Organization

Business is chin-deep in paper, email, and spreadsheets. So, it’s probably not surprising that people get fatigued by the blizzard of words and numbers and try to find ways to shovel them aside as quickly as they can. All anyone really wants is the golden nugget of information buried somewhere in the pile. Unfortunately, our efficient hunt for that golden piece of information can miss many other valuable information gems. An example in petroleum land is a common preference to use standard forms and agreements that use blanks and tick-box elections and a tendency for analysts to quickly flip through most of a document and only read those variable fields. Many people haven’t actually read the whole document in years and may have forgotten how some key operating paragraphs really work. The result can jeopardize ROFR management or confound land administration and erode relationships with private mineral rights owners. …Read the Rest of this Article

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