Berg and Penn Coals Ltd. v. Northern Alberta Rys. Co.

Berg and Penn Coals Ltd. v. Northern Alberta Rys. Co.

The 1914 transfer and payment settled compensation and vested the railway with the right to subjacent and lateral support; section 197 (enacted 1919) cannot be construed to prejudice rights fixed by that prior transaction absent clear language to that effect; therefore the applicants cannot invoke s.197 to obtain further compensation and the Board's dismissal is correct.

Citation
[1935] SCR 120
Parties
Appellant Owner: Elizabeth Berg; Appellant Lessee: Penn Coals Ltd.; Respondent Railway Company: Northern Alberta Railways Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 November 1934
Procedural Posture
Appeal From Board of Railway Commissioners for Canada / Leave to Appeal Granted; Appeal From Administrative Board Decision
Outcome
Appeal dismissed with costs; Board decision affirmed
Legal Topics
Compensation for Minerals, Right to Subjacent and Lateral Support, Statutory Interpretation, Effect of Prior Contract on Later Statute
Source Language
English
Transportation Railway Law Property Law Administrative Law Compensation for Minerals Right to Subjacent and Lateral Support Statutory Interpretation Effect of Prior Contract on Later Statute

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Parties

Elizabeth Berg

Appellant Owner

Penn Coals Ltd.

Appellant Lessee

Northern Alberta Railways Company

Respondent Railway Company

Procedural Posture

Appeal From Board of Railway Commissioners for Canada / Leave to Appeal Granted; Appeal From Administrative Board Decision

Legal Issues

  1. 1 Whether s.197 of the Railway Act (R.S.C. 1927 c.170) applies to require compensation despite a pre-1919 conveyance and settlement
  2. 2 Whether the 28 Sept 1914 transfer vested the railway with the right to subjacent and lateral support
  3. 3 Whether a 1914 agreement must be interpreted in light of a Privy Council decision given after its execution

Ratio Decidendi

The 1914 transfer and payment settled compensation and vested the railway with the right to subjacent and lateral support; section 197 (enacted 1919) cannot be construed to prejudice rights fixed by that prior transaction absent clear language to that effect; therefore the applicants cannot invoke s.197 to obtain further compensation and the Board's dismissal is correct.

Court Disposition

Appeal dismissed with costs; Board decision affirmed

Orders

  • Appeal dismissed with costs
  • Order of the Board of Railway Commissioners affirmed