Markovitch Bros. Farming Co. Ltd. v. PanCanadian Petroleum Ltd., (1984) 54 A.R. 72 (QB)

• Judge: Decore, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 22, 1984
• Citations: (1984), 54 A.R. 72 (QB)

Markovitch Bros. v. Pan Cdn. Petroleum (1984), 54 A.R. 72 (QB)

MLB headnote and full text

Markovich Bros. Farming Co. Ltd. v. Pancanadian Petroleum Limited

(No. 8304-6220)

Indexed As: Markovitch Bros. Farming Co. Ltd. v. PanCanadian Petroleum Ltd.

Alberta Court of Queen's Bench

Judicial District of Grande Prairie

Decore, J.

February 22, 1984.

Summary:

The Alberta Surface Rights Board awarded compensation to a landowner based on the area granted, general disturbance, loss of use of the land and adverse effect (the "four heads" approach). The landowner appealed, submitting that the Board should have used the "global approach" in determining compensation.

The Alberta Court of Queen's Bench allowed the appeal, used the "global approach" and increased the compensation awarded.

Mines and Minerals - Topic 6104

Operation of mines, quarries and wells - Compensation to owners of surface rights - "Global approach" - A land owner was awarded compensation by the Surface Rights Board based on the area granted, general disturbance, loss of use of the land and adverse effect (the "four heads" approach) - Other landowners in the area entered into voluntary agreements with the oil company, which the Board did not consider - The Alberta Court of Queen's Bench held that the evidence of the agreements was the most cogent form of evidence available and therefore the "global approach" was the better method to determine the amount of compensation.

Cases Noticed:

Roen v. PanCanadian Petroleum (1977), 6 A.R. 70; 12 L.C.R. 143, ref'd to. [para. 4].

Petryshen v. Nova, An Alberta Corporation, 23 Alta. L.R.(2d) 193, appld. [para. 6].

Statutes Noticed:

Surface Rights Act, R.S.A. 1980, c. S-27, sect. 23 [para. 3].

Counsel:

Roy Carter, for the appellant;

Ellen S. Decter, for the respondent.

This appeal was heard before Decore, J., of the Alberta Court of Queen's Bench, Judicial District of Grande Prairie, who delivered the following judgment on February 22, 1984.