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Property law 2014 BCSC 2445

Young v. British Columbia

The court dismissed the plaintiffs’ application for a declaration that they could advance injurious affection claims for unexpropriated mineral claims.

  • Injurious affection
  • Compensation
  • Expropriation
  • Mineral tenure
  • Statutory interpretation
  • Cause of action estoppel
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Administrative law [1994] 1 SCR 202

Mobil Oil Canada Ltd. v. Canada-Newfoundland Offshore Petroleum Board

The Supreme Court of Canada held that a s. 71(1) significant discovery application required a fresh offshore well, but that the chairman’s summary refusal breached fairness.

  • Significant discovery declaration
  • Procedural fairness / natural justice
  • Statutory interpretation
  • Administrative delegation
  • Mandamus and certiorari
  • Administrative-law
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Mines and minerals [1991] 2 SCR 481

Canada (Director of Soldier Settlement) v. Snider Estate

The Supreme Court of Canada held that the Natural Resources Transfer Agreement transferred the disputed mineral estate to Alberta, so the appeal was dismissed.

  • Ownership of mineral rights
  • Reservation under federal statute
  • Natural resources transfer agreement 1930
  • Torrens system (land titles)
  • Federal paramountcy
  • Mines-and-minerals
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Mines and minerals [1980] 2 SCR 119

Mastermet Cobalt Mines v. Canadaka Mines

The Supreme Court of Canada dismissed an appeal over ownership of silver tailings deposited before severance of surface and mining rights.

  • Ownership of tailings
  • Severance of surface and mining rights
  • Accession and fixtures
  • Mines-and-minerals
  • Property-law
  • Tailings
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Mines and minerals [1977] 2 SCR 791

Guyer Oil Co. Ltd. et al. v. Fulton et al.

Appeal dismissed in a minerals and oil-and-gas dispute involving alleged fiduciary breach, resulting trust, and exclusion of rebuttal evidence.

  • Resulting trust
  • Fiduciary obligations
  • Confidential information
  • Admissibility of rebuttal evidence
  • Concurrent findings of fact
  • Fiduciary-duty
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Mines and minerals [1978] 1 SCR 708

Montreal Trust Co. v. Gulf Securities Corp. Ltd. et al.

The Court held that Montreal could recover royalties from Gulf under the royalty trust agreement, but could not enforce Tidewater’s contractual obligations against Tidewater.

  • Royalties
  • Assignment of choses in action
  • Notice of assignment
  • Lease surrender and reassignment
  • Assignee liability
  • Assignment-of-choses-in-action
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Mines and minerals [1977] 1 SCR 517

Lamb v. Canadian Reserve Oil & Gas Ltd.

The Supreme Court of Canada restored a surface-rights compensation award, holding the Board’s findings deserved weight, loss of use was compensable, and the Blackstock formula could apply.

  • Surface rights acquisition
  • Compensation assessment
  • Weight of tribunal findings on appeal
  • Application of blackstock formula
  • Appeal de novo vs. deference to specialized tribunal
  • Surface-rights
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Mines and minerals [1975] 1 SCR 262

Berkley Oil and Gas Ltd. v. Alminex Ltd. et al.

Appeal concerning interpretation of a farmout agreement royalty clause in a mines and minerals dispute. The Supreme Court of Canada dismissed the appeal with costs.

  • Farmout agreement
  • Overriding royalty
  • Interpretation of royalty clause
  • Mines-and-minerals
  • Contract-interpretation
  • Oil-and-gas
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Mines and minerals [1973] SCR 31

Blackmer v. Guaranty Trust Company of Canada

The Supreme Court held that a gift of land made after mineral forfeiture did not pass minerals later revested in the deceased; the widow’s estate took a one-third share.

  • Forfeiture and revesting of mineral rights
  • Gifts and transfers of real property
  • Intestate succession and distribution
  • Interpretation of statute and order in council
  • Mineral-rights
  • Property-law
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Mines and minerals [1972] SCR 703

Saskatchewan Minerals v. Keyes

The Supreme Court of Canada held that Keyes’ claim to an overriding royalty failed, allowing the appeal and dismissing the action.

  • Mining leases
  • Option to acquire lease
  • Assignment
  • Overriding royalty
  • Ministerial consent
  • Admissibility of lost document testimony
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