CIVIL PROCEDURE - Judgments and orders - Summary judgments - No genuine issue requiring trial

Law360 Canada ( October 28, 2024, 3:06 PM EDT) -- Appeal by Shell Canada Ltd. (Shell) from decision dismissing its appeal from summary judgment order in contractual dispute with ConocoPhillips Canada Resources Corp. (Conoco). Gulf Canada Resources Ltd. (Gulf) sold its interests in certain Significant Discovery Areas (SDAs) and associated Significant Discovery Licences (SDLs) in the McKenzie Delta region to Shell through an asset purchase and sale agreement (PSA). The dispute centered around whether certain abandoned exploratory wells within the SDAs were included in the assets sold to Shell under the PSA. Between 1992 and 2011, none of the SDAs went into production. In 2004, Conoco personnel began assessing and monitoring an abandoned well (I-37) within one of the SDAs, seemingly unaware of the 1991 PSA. Evidence of hydrocarbon contamination at the I-37 well site emerged during this period. In 2011, Conoco discovered the PSA and advised Shell that it considered Shell responsible for I-37. Shell denied acquiring I-37 under the PSA. Among other grounds, Shell submitted that the chambers justice did not provide sufficient reasons for dismissing the appeal and erred in refusing its proposed counterclaim and in granting summary judgment despite major contradictions in the evidence....
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