Reported as: 2018 SKCA 67
Docket Number: CACV 2898 , CA17177
Court: Court of Appeal
- Statutes � Interpretation � Surface Rights Acquisition and Compensation Act, Section 10, Section 28, Section 29
Digest: The appellant appealed from an order made by the Saskatchewan Surface Rights Board of Arbitration. The appellant had approached the respondents, who owned and farmed land, regarding a surface lease for a new wellsite on a portion of the respondents� land. The negotiations were not successful and led the appellant to seek and obtain a right of entry order. The appellants then drilled five wells on the land in question. The respondents applied to the board under the Act to obtain compensation from the appellant. After the board rendered its decision, the appellant appealed from it, arguing that it had committed a number of errors of law. The issues were primarily regarding the board�s handling of the evidence.
HELD: The appeal was allowed. The court referred the matter of compensation back to the board for reconsideration. The court found variously that the board had overlooked or ignored relevant evidence and improperly rejected evidence. Contrary to s. 10(3) of the Act, the board failed to provide reasons about compensation it awarded to the respondents for additional wells.
- Surface Rights Acquisition and Compensation Act, RSS 1978, c S-65, s 3
- Surface Rights Acquisition and Compensation Act, RSS 1978, c S-65, s 10(3)
- Surface Rights Acquisition and Compensation Act, RSS 1978, c S-65, s 28
- Surface Rights Acquisition and Compensation Act, RSS 1978, c S-65, s 29(1)