Canada Case Law

Garnet Valley Agri-Tourism v. British Columbia (Ministry of Mining and Critical Minerals)

Court

Supreme Court of British Columbia

The permit was quashed because, on a holistic reasonableness review, the decision‑maker failed to provide a transparent, intelligible and defensible chain of reasoning: the record contains unrefuted expert evidence of likely irreversible ecological harm that the Reasons do not meaningfully address or reconcile with reliance on mitigation; the Reasons did not resolve competing factual submissions about applicable zoning and jurisdiction; the decision relies on unexplained or unavailable internal technical recommendations regarding slope stability; and the post‑decision Reasons materially intro…

Source excerpt

• Judicial review
• Reasonableness standard
• Procedural fairness
• Public consultation
• Environmental assessment
• Land-use planning

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H.R.S. Resources Corp. v. Thompson Creek Metals Company Inc.

Court

British Columbia Court of Appeal

The Court of Appeal held that NSR royalties under the royalty agreement are based on sales to offtakers, not later streaming-agreement receipts. Appeal allowed; cross-appeal dismissed.

• Royalty agreement interpretation
• Net smelter return (nsr)
• Streaming agreement
• Gaap revenue recognition
• Hedging expenses
• Deferred revenue

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Gitxaala v. British Columbia (Chief Gold Commissioner)

Court

British Columbia Court of Appeal

The Court of Appeal addressed the legal effect of BC’s Declaration Act and UNDRIP in challenges to the mineral claims regime and the duty to consult.

• Undrip implementation
• Declaration act interpretation
• Duty to consult
• Honour of the crown
• Justiciability
• Presumption of conformity

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Xatsull First Nation v. Minister of Mining and Critical Minerals

Court

Supreme Court of British Columbia

The court dismissed Xatsull First Nation's judicial review, holding that the Province reasonably approved Mount Polley's Interim TSF Raise under Condition #2 of the EAC.

• Duty to consult
• Environmental assessment act (eaa 2018)
• Environmental assessment certificate amendment
• Mines act permitting
• Reasonableness review
• Procedural fairness

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Brad Paddison Contracting Ltd. v. Sumitomo Canada Limited

Court

Yukon Court of Appeal

The Yukon Court of Appeal held a miners’ lien can attach to mineral concentrate and follow the purchaser, and that the lien form need only list the relevant claim or lease numbers.

• Miners lien
• Miners lien act
• Registration of liens
• Constructive notice
• Bona fide purchaser
• Notice requirements

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Seabridge Gold Inc. v. British Columbia

Court

Supreme Court of British Columbia

Court interpreted s. 25.1 BCITA to include economic viability in “quality” for a specific B.C. mineral resource, allowing most disputed exploration expenses.

• Mining exploration tax credit
• Qualified mining exploration expense (qmee)
• S.25.1 bcita purpose test
• Reassessments
• Definition of mineral resource
• Statutory interpretation principles

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Rivi Opportunity Fund LP v. British Columbia (Chief Gold Commissioner)

Court

Supreme Court of British Columbia

Judicial review of a Mineral Tenure Act s. 67 refusal. The court found the Chief Gold Commissioner’s reasons were unreasonable and remitted the matter, but no procedural unfairness occurred.

• Restoration of forfeited mineral claims
• Section 67 mineral tenure act
• Reasonableness review
• Procedural fairness
• Decision‑making reasons requirement
• Remedy and remittal

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H.R.S. Resources Corp. v. Thompson Creek Metals Company Inc.

Court

Supreme Court of British Columbia

Summary trial on a mining NSR royalty held that Royal Gold streaming revenues, hedging amounts, and deferred revenue were included in the royalty base.

• Royalty agreement
• Net smelter returns (nsr)
• Streaming agreement
• Deferred revenue
• Hedging/derivatives
• Good faith contractual performance

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Skeena Resources Ltd. v. Mill

Court

British Columbia Court of Appeal

The Court of Appeal allowed Skeena’s appeal, set aside the Gold Commissioner’s decision, and remitted the matter for reconsideration over mineral rights in Albino Lake waste.

• Mineral rights
• Abandonment
• Surface lease interpretation
• Statutory interpretation
• Relinquishment
• Remittal

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Victoria Teleport Corporation v. Office of the Chief Gold Commissioner

Court

Supreme Court of British Columbia

The court set aside a decision cancelling mineral claims because the holder was not given clear notice of the issues it had to meet, and sent the matter back for rehearing.

• Mineral tenure act s.40
• Cancellation of mineral claims
• Procedural fairness (notice of case to meet)
• Burden of proof/onus in administrative complaints
• Remedy and remittal
• Interested person definition

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