Hanen v. Imperial Oil Enterprises Ltd., (1978) 19 A.R. 208 (DC)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 15, 1978
• Citations: (1978), 19 A.R. 208 (DC)

Hanen v. Imperial Oil (1978), 19 A.R. 208 (DC)

MLB headnote and full text

Hanen v. Imperial Oil Enterprises Ltd.

(DCR 7872)

Indexed As: Hanen v. Imperial Oil Enterprises Ltd.

Alberta District Court

Judicial District of Calgary

Feehan, D.C.J.

September 15, 1978.

Summary:

This headnote contains no summary.

Mines and Minerals - Topic 6113

Operation of mines, quarries and wells - Compensation to owners of surface rights - Appeals - The Alberta District Court held that an appeal from the Surface Rights Board would be allowed if cogent evidence was not considered by the Board or if new evidence was presented in court, which was not presented to the Board - See paragraph 16.

Mines and Minerals - Topic 6159

Operation of mines, quarries and wells - Compensation to owners of surface rights - Annual awards - Adverse effect on adjacent landowners - A landowner adjacent to a gas well appealed from a decision of the Surface Rights Board which awarded her a $300.00 annual payment for adverse effects from the well - Employees of the drilling company asked the landowner to watch for the red danger light on the well and to phone the company if it came on - The landowner spent considerable time worrying about the light which did come on about once every six months - The Alberta District Court allowed the landowner's appeal and changed the annual award to $400.00 - The District Court held that the Board failed to consider the landowner's mental anguish caused by the danger light - See paragraphs 16 to 18.

Mines and Minerals - Topic 6145

Operation of mines, quarries and wells - Compensation to owners of surface rights - Awards - Judicial review of awards - Conditions precedent - A landowner appealed from a decision of the Surface Rights Board which awarded her a $300.00 annual payment for adverse effects from a gas well - The landowner returned the money she received in order to protect her right to appeal - The Alberta District Court allowed her appeal and allowed her interest at 9% on the money she returned - The District Court stated that the landowner could have kept the money and still brought her appeal before the court - See paragraph 20.

Cases Noticed:

Caswell v. Alexandra Petroleums Limited, [1972] 3 W.W.R. 706, appld. [para. 12].

Lamb v. Canadian Reserve Oil and Gas Ltd. (1976), 8 N.R. 613; [1976] 4 W.W.R. 79, refd to. [para. 13].

Livingstone v. Siebens Oil and Gas Ltd. (1978), 8 A.R. 439, refd to. [para. 14].

Roen v. PanCanadian Petroleum Ltd. (1977), 6 A.R. 70, refd to. [para. 14].

Voyager Petroleums Ltd. v. Spaulding (1977), 5 A.R. 302, refd to. [para. 14].

Lessenden v. C.A.V. Bosch Ltd., [1940] A.C. 413, refd to. [para. 20].

Kingpin Investments Ltd. v. Melton Real Estate Ltd. (1978), 7 A.R. 567, affd. (1978), 9 A.R. 605, refd to. [para. 20].

Counsel:

J.R. Quigley, for the appellant;

H.M. Kay, for the respondent.

This case was heard by FEEHAN, D.C.J., of the Alberta District Court, Judicial District of Calgary.

On September 15, 1978, FEEHAN, D.C.J., delivered the following judgment: