IFP Technologies (Canada) Inc v EnCana Midstream and Marketing
IFP Technologies (Canada) Inc.
Law Firm / Organization
Gowling WLG (Canada) LLP
Law Firm / Organization
De Waal Law
EnCana Midstream and Marketing
PanCanadian Resources
EnCana Corporation
EnCana Oil & Gas Developments Ltd.
The Wiser Oil Company of Canada
The Wiser Oil Company

Background:
This case involved a long-standing contractual dispute between IFP Technologies (Canada) Inc and various respondents, including EnCana Midstream and Marketing, regarding a 1998 agreement for petroleum and natural gas rights in the Eyehill Creek property. IFP held a 20% working interest, and the dispute concerned entitlement to revenue from primary oil production and responsibility for associated costs.

Key Legal Issues:

  1. Revenue Sharing: IFP sought $21.7 million, with interest totaling $61.8 million, as its share of revenue from primary production.
  2. Abandonment Costs: The court determined IFP was responsible for $3.57 million, to be placed in trust, representing its share of future abandonment obligations.
  3. Royalties: The court reversed the trial judge’s exclusion of royalties paid to PanCanadian, finding they were a necessary expense deductible from net revenue.
  4. Limitation of Liability: IFP argued the contractual limitation on liability did not apply; the court held it was enforceable but moot, as awards did not exceed $16 million.
  5. Interest: Compound interest was denied; statutory interest under the Judgment Interest Act was awarded.

Outcome and Costs:
The final award to IFP was below $16 million after adjustments. Each party bore its own costs for the appeal and cross-appeal. However, for the 2011 trial, IFP was awarded one-third of its taxable costs, while the defendants received two-thirds of their taxable costs. The total expert fees from the first trial exceeded $2 million. Exact financial terms were not specified.

Court of Appeal of Alberta
2301-0002AC
Corporate & commercial law