Mastermet Cobalt Mines v. Canadaka Mines
- Citation
- [1980] 2 SCR 119
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 17 June 1980
- Posture
- Civil Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 17 June 1980
- Posture
- Civil Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Mastermet Cobalt Mines Limited
Plaintiff/appellant Counsel: George Finlayson, Q.C.; Roy StephensonCanadaka Mines Limited
Defendant/respondent Counsel: Claude Thomson, Q.C.; Donald ShortAmounts and remedies
- Decision Year: 1,980
03
Procedural history
Posture
Civil Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
04
Questions and positions
Legal issues
- 01
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
- 02
Effect of severance of surface and mineral rights on ownership of previously deposited materials
Party arguments
- Applicant
- Appellant argued that tailings deposited before any severance remained part of the surface estate and therefore belonged to the surface owner.
- Respondent
- Respondent argued that rights to mineral residues and tailings were vested in the holder of mining rights and that such proprietary mining rights governed ownership despite subsequent severance.
05
Court’s reasoning
Legal principles
- 01
Common law property principles; decision of the Supreme Court of Canada in this appeal
Ownership of land and accretions is determined by the legal relations in effect at the time of deposition; subsequent severance does not retroactively divest vested ownership.
- 02
Court of Appeal for Ontario reasons (Lacourcière J.)
There is a fundamental distinction between surface rights and mineral rights; rights over mineral waste and tailings are governed by the instruments creating mining rights.
- 03
Common law
Principles of accession and fixtures apply to materials deposited on land and guide determination of ownership between competing estates.
06
Ratio, limits and disposition
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.
- Appeal dismissed with costs.
Source and reliance status
Supreme Court of Canada · 17 June 1980
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Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 17 June 1980
Mastermet Cobalt Mines v. Canadaka Mines Collection Supreme Court Judgments Date 1980-06-17 Report [1980] 2 SCR 119 Judges Martland, Ronald; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Lamer, Antonio On appeal from Ontario Subjects Mines and minerals Decision Content Supreme Court of Canada Mastermet Cobalt Mines v. Canadaka Mines, [1980] 2 S.C.R. 119 Date: 1980-06-17 Mastermet Cobalt Mines Limited (Plaintiff) Appellant; and Canadaka Mines Limited (Defendant) Respondent. 1980: June 3; 1980: June 17. Present: Martland, Dickson, Beetz, Estey and Lamer JJ. ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO. Mines and minerals—Silver tailings deposited on parcel of land prior to severance of surface and mining rights—Ownership of tailings. APPEAL from a judgment of the Court of Appeal for Ontario[1], dismissing an appeal from the judgment of Boland J. in an action and counterclaim to determine the ownership of silver tailings deposited on a parcel of land prior to the severance of the surface and mining rights. Appeal dismissed. George Finlayson, Q.C., and Roy Stephenson, for the plaintiff, appellant. Claude Thomson, Q.C., and Donald Short, for the defendant, respondent. THE COURT—We are all in agreement with the reasons delivered on behalf of the Court of Appeal by Mr. Justice Lacourcière. The appeal is dismissed with costs. Judgment accordingly. Solicitors for the plaintiff appellant: McCarthy & McCarthy, Toronto. Solicitors for the defendant, respondent: Campbell, Godfrey & Lewtas, Toronto. [1] (1978), 21 O.R. (2d) 494, 5 R.P.R. 169.
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