Mastermet Cobalt Mines v. Canadaka Mines

Mastermet Cobalt Mines v. Canadaka Mines

Ownership of materials deposited on land prior to severance of surface and mineral rights is determined by the legal relationship existing at the time of deposition; a later severance does not alter the ownership vested at that time.

Citation
[1980] 2 SCR 119
Parties
Plaintiff/appellant: Mastermet Cobalt Mines Limited; Defendant/respondent: Canadaka Mines Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 June 1980
Procedural Posture
Civil Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Ownership of Tailings, Severance of Surface and Mining Rights, Accession and Fixtures
Source Language
English
Mines and Minerals Property Law Ownership of Tailings Severance of Surface and Mining Rights Accession and Fixtures

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Parties

Mastermet Cobalt Mines Limited

Plaintiff/appellant

Canadaka Mines Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether silver tailings deposited on land prior to severance of surface and mining rights belong to the owner at time of deposition or to the holder of subsequently severed mining rights
  2. 2 Effect of severance of surface and mineral rights on ownership of previously deposited materials

Ratio Decidendi

Ownership of materials deposited on land prior to severance of surface and mineral rights is determined by the legal relationship existing at the time of deposition; a later severance does not alter the ownership vested at that time.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.