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Details matter: Court of Appeal of Alberta upholds decision that royalty was not an interest in land in Invico Diversified Income Limited Partnership v. Newgrange Energy Inc.

Details matter: Court of Appeal of Alberta upholds decision that royalty was not an interest in land in Invico Diversified Income Limited Partnership v. Newgrange Energy Inc.

Jan 30, 2026

Details matter: Court of Appeal of Alberta upholds decision that royalty was not an interest in land in Invico Diversified Income Limited Partnership v. Newgrange Energy Inc.

David Bish, Jeremy Opolsky, Michael Pickersgill, Braden Jebson and Charles Kanani of Torys explain that the Alberta Court of Appeal has confirmed that a royalty labelled as an interest in land can still be treated as a mere contractual claim, and therefore stripped out in insolvency through a reverse vesting order, where timing defects and inconsistent drafting mean the Dynex test is not met.