Roen v. PanCanadian Petroleum Ltd., (1977) 6 A.R. 70 (DC)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 20, 1977
• Citations: (1977), 6 A.R. 70 (DC)

Roen v. PanCdn. Petroleum Ltd. (1977), 6 A.R. 70 (DC)

MLB headnote and full text

Roen v. PanCanadian Petroleum Ltd.

Indexed As: Roen v. PanCanadian Petroleum Ltd.

Alberta District Court

Judicial District of Medicine Hat

Medhurst, D.C.J.

January 20, 1977.

Summary:

This headnote contains no summary.

Mines and Minerals - Topic 6144

Operation of mines, quarries and wells - Compensation to owners of surface rights - Awards - Scope of judicial review of awards pursuant to the Alberta Surface Rights Act, s. 24(7) - The Alberta District Court stated that while an appeal pursuant to s. 24(7) is a new hearing based on new evidence, the court hearing the appeal should not lightly disturb the findings of the Surface Rights Board - See paragraph 7.

Mines and Minerals - Topic 6150

Operation of mines, quarries and wells - Compensation to owners of surface rights - Awards - Two acres of cattle grazing land was taken for a gas well site - The Alberta District Court awarded the owner $1,000.00 for loss of surface rights and general disturbance - In addition the District Court made an annual award to the owner of $600.00 for loss of use and adverse effect.

Cases Noticed:

Murphy Oil Co. v. Daw, 70 W.W.R. 339, folld. [paras. 6, 21].

Caswell v. Alexandra Petroleums Ltd., [1972] 3 W.W.R. 707, folld. [para. 6].

Lacoste v. Cedar Rapids Manufacturing & Power Co., 47 Que. K.B. 271, folld. [para. 9].

Great Plains Development Company of Canada Ltd. v. Lyka et al., [1973] 5 W.W.R. 768, folld. [para. 25].

Statutes Noticed:

Surface Rights Act, S.A. 1972, c. 91, sect. 24(7) [para. 5].

Counsel:

K.W. Lutes, for the appellant;

J.T. Daines, for the respondent.

The judgment of the Alberta District Court was delivered by MEDHURST, D.C.J., at Calgary, Alta., on January 20, 1977.