Reid v. Collister

Reid v. Collister

Where claimants had done the requisite work or payments and had applied for a certificate of improvements but were prevented from filing the s.57(g) affidavit by the recording of an adverse claim, s.52 operated to relieve them from further work or payment while the certificate application was pending and s.49 did not operate to declare the claims vacant and abandoned; appeal dismissed and Court of Appeal judgment affirmed.

Citation
(1919) 59 SCR 275
Parties
Appellants: H. D. Reid and Others; Respondents: W. H. R. Collister and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 October 1919
Procedural Posture
Civil Appeal (mining Property) / On Appeal to Supreme Court of Canada From the Court of Appeal for British Columbia; Final Judgment
Outcome
Appeal dismissed; Court of Appeal judgment affirmed.
Legal Topics
Certificate of Improvements, Abandonment of Mining Claims, Statutory Interpretation, Forfeiture, Possession Affidavits, Mining Recorder Procedures
Source Language
English
Mines and Minerals Mining Law Property Law Administrative Law Equity Certificate of Improvements Abandonment of Mining Claims Statutory Interpretation +3 more

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Parties

H. D. Reid and Others

Appellants

W. H. R. Collister and Others

Respondents

Procedural Posture

Civil Appeal (mining Property) / On Appeal to Supreme Court of Canada From the Court of Appeal for British Columbia; Final Judgment

Legal Issues

  1. 1 Whether failure to file the affidavit required by s.57(g) of the Mineral Act forfeited respondents' claims under s.49
  2. 2 Whether the respondents were relieved from doing further annual work or payments while an application for a certificate of improvements was pending (s.52)
  3. 3 Whether the filing of an adverse claim in the mining recorder's office, preventing an affidavit of 'undisputed possession', can be treated as causing forfeiture

Ratio Decidendi

Where claimants had done the requisite work or payments and had applied for a certificate of improvements but were prevented from filing the s.57(g) affidavit by the recording of an adverse claim, s.52 operated to relieve them from further work or payment while the certificate application was pending and s.49 did not operate to declare the claims vacant and abandoned; appeal dismissed and Court of Appeal judgment affirmed.

Court Disposition

Appeal dismissed; Court of Appeal judgment affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal affirmed