Northern Cross (Yukon) Ltd. v. Yukon (Energy, Mines and Resources)

JurisdictionYukon
CourtCourt of Appeal (Yukon Territory)
JudgeThe Honourable Mr. Justice Fitch,The Honourable Mr. Justice Butler,The Honourable Mr. Justice Voith
Neutral Citation2021 YKCA 6
Citation2021 YKCA 6
Date07 December 2021
Docket Number20___YU873

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
11 practice notes
  • Annapolis Group Inc. v. Halifax Regional Municipality
    • Canada
    • Supreme Court (Canada)
    • October 21, 2022
    ...115, [2019] 1 F.C.R. 504; Northern Cross (Yukon) Ltd. v. Yukon (Energy, Mines and Resources), 2021 YKSC 3, 16 L.C.R. (2d) 1, rev’d in part 2021 YKCA 6, 79 C.C.L.T. (4th) 179; Catalyst Paper Corp. v. North Cowichan (District), 2012 SCC 2, [2012] 1 S.C.R. 5; Ulster Transport Authority v. Jame......
  • Canada (Attorney General) v Hideaway II Ventures Ltd
    • Canada
    • Court of Appeal (British Columbia)
    • June 2, 2023
    ...similarly, does not refer to a public right to fish. Both Tener and Northern Cross (Yukon) Ltd. v. Yukon (Energy, Mines and Resources), 2021 YKCA 6, are examples of statutorily-conveyed interests in the nature of profits à prendre. In both cases, it was common ground that the interests at i......
  • Thomas v Rio Tinto Alcan Inc.
    • Canada
    • Court of Appeal (British Columbia)
    • February 26, 2024
    ...caught” is there “a right to property in the fish”. 71 Furthermore, in Northern Cross (Yukon) Ltd. v. Yukon (Energy, Mines and Resources), 2021 YKCA 6, albeit in the context of considering whether an action was bound to fail, the Yukon Court of Appeal recognized that a nuisance may arise wh......
  • Metlakatla First Nation v Prince Rupert Port Authority
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 30, 2026
    ...character” of those claims mirror an application for judicial review: Northern Cross (Yukon) Ltd. v. Yukon (Energy, Mines and Resources), 2021 YKCA 6 at para. 68. To do so, a judge “must look beyond the words used in the pleading, the facts alleged, and the remedy sought to be satisfied tha......
  • Get Started for Free
5 cases
  • Metlakatla First Nation v Prince Rupert Port Authority
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 30, 2026
    ...character” of those claims mirror an application for judicial review: Northern Cross (Yukon) Ltd. v. Yukon (Energy, Mines and Resources), 2021 YKCA 6 at para. 68. To do so, a judge “must look beyond the words used in the pleading, the facts alleged, and the remedy sought to be satisfied tha......
  • Weisenburger v College of Naturopathic Physicians of British Columbia
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 18, 2024
    ...review, either in this Court or another forum: Stewart; Greengen; Northern Cross (Yukon) Ltd. v. Yukon (Energy, Mines and Resources), 2021 YKCA 6, lv to appeal to SCC ref'd, 40053 (4 August 2022) [ Northern Cross] (three members of our Court of Appeal sitting as the Yukon Court of Appeal); ......
  • Canada (Attorney General) v Hideaway II Ventures Ltd
    • Canada
    • Court of Appeal (British Columbia)
    • June 2, 2023
    ...similarly, does not refer to a public right to fish. Both Tener and Northern Cross (Yukon) Ltd. v. Yukon (Energy, Mines and Resources), 2021 YKCA 6, are examples of statutorily-conveyed interests in the nature of profits à prendre. In both cases, it was common ground that the interests......
  • Mowi Canada West Inc. v Canada (Attorney General)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 4, 2025
    ...or constitutes, evidence does not form a part of that pleading: Northern Cross (Yukon) Ltd. v. Yukon (Energy, Mines and Resources), 2021 YKCA 6 at para. 33. Only a document that is incorporated by reference into the pleading, and “forms an integral part of the factual matrix of the statemen......
  • Get Started for Free