Update: Stewart Estate v TAQA North Ltd, The Finale

In November 2015, the Alberta Court of Appeal issued its decision in Stewart Estate v TAQA North Ltd, 2015 ABCA 357, which addressed a number of issues significant to the oil and gas industry. We previously commented on this decision. In January 2016, ExxonMobil Canada Ltd. ("Exxon"), Nexen Inc. ("Nexen"), Bonavista Energy Corporation ("Bonavista"), Coastal Resources Limited ("Coastal") and Pengrowth Energy Corporation, as successor to Esprit Exploration Ltd. ("Esprit/Pengrowth"), filed applications with the Supreme Court of Canada (docket number 36810), for leave to appeal the decision in Stewart Estate v TAQA North Ltd, 2015 ABCA 357, citing the need for clarification of:

1. the proper measure of damages in mineral trespass cases;