Green v. Blackburn

Green v. Blackburn

The holder of a location ticket or a patent obtained pursuant to article 1269 R.S.Q. is not by that fact the "proprietor of the soil" within the meaning of arts.1440-1441 and therefore did not acquire a vested preferential right to purchase the Crown's mining rights; the Crown could lawfully grant the mining rights...

Source-derived case information.

Citation
(1908) 40 SCR 647
Parties
Appellant: John Green; Appellant: Alexander Green; Respondent: Russell Blackburn
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 October 1908
Procedural Posture
Civil Appeal (property/mining) / Appeal to Supreme Court of Canada From Superior Court (sitting in Review) at Montreal
Outcome
Appeal dismissed with costs.
Legal Topics
Mining Rights, Location Ticket, Statutory Construction, Crown Lands, Patent, Preferential Purchase Right
Source Language
english
Property Law Mining Law Administrative Law Public Lands Law Mining Rights Location Ticket Statutory Construction Crown Lands +2 more

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Parties

John Green

Appellant

Alexander Green

Appellant

Russell Blackburn

Respondent

Procedural Posture

Civil Appeal (property/mining) / Appeal to Supreme Court of Canada From Superior Court (sitting in Review) at Montreal

Legal Issues

  1. 1 Whether holder of a location ticket or patentee is the "proprietor of the soil" entitled to a preferential right to acquire Crown mining rights under R.S.Q. ss. 1440 and 1441
  2. 2 Whether the appellants' deposit/transaction and subsequent patent vested mining rights or a preferential right enforceable against the Crown
  3. 3 Whether ministerial/ex parte acts can divest statutory rights without prescribed statutory procedure

Ratio Decidendi

The holder of a location ticket or a patent obtained pursuant to article 1269 R.S.Q. is not by that fact the "proprietor of the soil" within the meaning of arts.1440-1441 and therefore did not acquire a vested preferential right to purchase the Crown's mining rights; the Crown could lawfully grant the mining rights to Blackburn and the appeal is dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Judgment of Superior Court affirmed: defendants ordered to deliver up possession of the mines on south half of lot 18, Gore of Township of Templeton, and to deliver seized mica or pay its value to plaintiff, with costs.