Redwater Water Disposal Co. v. Shopsky, Hanasyk, Imperial Oil Ltd., Calgary Power Ltd., Oval Natural Gas Co., Tkachuk and Tkachuk, (1979) 20 A.R. 60 (QB)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 20, 1979
• Citations: (1979), 20 A.R. 60 (QB)

Redwater Water Disposal Co. v. Shopsky (1979), 20 A.R. 60 (QB)

MLB headnote and full text

Redwater Water Disposal Co. Ltd. v. Shopsky, Hanasyk, Imperial Oil Ltd., Calgary Power Ltd., Oval Natural Gas Co. Ltd., Tkachuk and Tkachuk

Indexed As: Redwater Water Disposal Co. v. Shopsky, Hanasyk, Imperial Oil Ltd., Calgary Power Ltd., Oval Natural Gas Co., Tkachuk and Tkachuk

Alberta Court of Queen's Bench

Stevenson, J.

July 20, 1979.

Summary:

This case arose out of an appeal by an expropriating authority from a compensation award made by the Surface Rights Board. A small section of agricultural land was taken for an indeterminate time to be used as a salt water disposal well.

The Alberta Court of Queen's Bench allowed the appeal in part.

Mines and Minerals - Topic 6105

Operation of mines, quarries and wells - Salt water disposal well - Compensation to owners of surface rights - Valuation of land - The Alberta Court of Queen's Bench held that compensation for a small section of rural land taken from a larger piece may be based on recent sales of the comparable land in the district - See paragraph 6.

Mines and Minerals - Topic 6105

Operation of mines, quarries and wells - Salt water disposal well - Compensation to owners of surface rights - Valuation of land - The Alberta Court of Queen's Bench stated that land values for the purpose of compensation for expropriation could be based on present values which were not necessarily reflected in present uses - See paragraph 7.

Mines and Minerals - Topic 6105

Operation of mines, quarries and wells - Salt water disposal well - Compensation to owners of surface rights - Valuation of land - Rural land was expropriated for an indeterminate time to be used as a salt water disposal well - The Alberta Court of Queen's Bench stated that an award based on taking a fee simple would be justified because the land when returned would be damaged - See paragraph 12.

Mines and Minerals - Topic 6107

Operations of mines, quarries and wells - Salt water disposal well - Compensation to owners of surface rights - Loss of use - A small section of agricultural land was expropriated - The Alberta Court of Queen's Bench stated that compensation should reflect lost agricultural income based on the estimated productivity of the land taken - See paragraph 14.

Cases Noticed:

Re Interprovincial Pipe Lines Co., [1955] O.W.N. 301, refd to. [para. 4].

Murphy Oil v. Dau (1970), 7 D.L.R. (3d) 512, refd to. [para. 4].

Copithorne v. Shell (1969), 70 W.W.R.(N.S.) 410, refd to. [para. 5].

In Re Pipe Line Act (Pahal), [1948] 2 W.W.R. 20 (P.U.B.), refd to. [para. 5].

Calgary Power v. Danchuk (1962), 41 W.W.R.(N.S.) 124, refd to. [para. 6].

Livingstone v. Siebens Oil & Gas Ltd. (1978), 8 A.R. 439; 15 L.C.R. 32, refd to. [para. 11].

R. v. Drew, [1961] S.C.R. 614, refd to. [para. 28].

Chartrand v. C.N.R. (1978), 16 L.C.R. 193, refd to. [para. 32].

Statutes Noticed:

Surface Rights Act, S.A. 1972, c. 91, sect. 23(2), sect. 23(4) [para. 3]; sect. 24(7) [para. 2].

Counsel:

W.P. Sharek, for the appellant;

Shopsky and Hanasyk, in person.

This case was heard by STEVENSON, J., of the Alberta Court of Queen's Bench.

On July 20, 1979, STEVENSON, J., delivered the following judgment: