Shell Canada Resources v. Turner et al., (1989) 75 Sask.R. 150 (CA)

• Judge: Sherstobitoff, J.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: May 01, 1989
• Jurisdiction: Saskatchewan
• Citations: (1989), 75 Sask.R. 150 (CA)

Shell Can. Resources v. Turner (1989), 75 Sask.R. 150 (CA)

MLB headnote and full text

Shell Canada Resources (appellant) v. Merry K. Turner, Joyce Stillwell, Beverley Auckenthaler and First Trust of North Dakota (respondents)

(No. 128)

Indexed As: Shell Canada Resources v. Turner et al.

Saskatchewan Court of Appeal

Sherstobitoff, J.A.

May 1, 1989.

Summary:

Shell Canada applied for leave to appeal an order of the Saskatchewan Surface Rights Arbitration Board and for an order extending the time to make the application, if necessary. A judge of the Saskatchewan Court of Appeal, in Chambers, held that the application for leave was made within the prescribed time limit and thus no extension of time was necessary. The judge granted leave to appeal on certain questions of law (see paragraph 9).

Administrative Law - Topic 6108

Judicial review - Statutory appeal - Commencement of time in which to apply for leave to appeal - Affected persons may, with leave, appeal decisions of the Surface Rights Arbitration Board - The application for leave must be filed and served within 30 days after the date upon which the impugned decision is made, likewise an application to extend the time for applying - The Saskatchewan Court of Appeal held that an order of the Board is "made" on the date the decision is pronounced in open court, and hence the time for applying for leave (or an extension of time for applying) commences to run from that date - If the decision is not given in open court, then the time runs from the date the parties are notified of the decision.

Administrative Law - Topic 6108

Judicial review - Statutory appeal - Commencement of time in which to apply for leave to appeal - An order of the Surface Rights Arbitration Board was dated January 20, 1989 - It was mailed to Shell Canada and received by it on January 24 and by its counsel on January 27 - Shell served its application for leave to appeal the order on the Board by FAX on February 20, 1989 - The Saskatchewan Court of Appeal held that the time to apply for leave to appeal did not begin to run until January 24, the date upon which Shell received the order - Thus Shell's application was served in time - See paragraphs 2, 8.

Mines and Minerals - Topic 9133

Practice - Appeals - Leave to appeal - Application for - Time for - [See first Administrative Law - Topic 6108 above].

Mines and Minerals - Topic 9133

Practice - Appeals - Leave to appeal - Application for - Time for - [See second Administrative Law - Topic 6108 above].

Cases Noticed:

Husky Oil Operations v. Nelson (1987), 59 Sask.R. 47, refd to. [para. 3].

Jordan v. Saskatchewan Securities Commission (1968), 64 W.W.R.(N.S.) 121 (Sask. C.A.), refd to. [para. 4].

In re McDonald Estate, [1929] 1 W.W.R. 193 (Sask. C.A.), refd to. [para. 6].

Fawkes v. Swayzie (1899), 31 O.R. 256, refd to. [para. 6].

Minister of Municipal Affairs v. Hache (1968), 1 N.B.R.(2d) 67; 2 D.L.R.(3d) 186 (C.A.), refd to. [para. 6].

Bowen v. City of Edmonton (1977), 3 A.R. 63; 75 D.L.R.(3d) 131 (C.A.), refd to. [para. 6].

St. John's, City of v. F.W. Woolworth Co. Ltd. (1982), 38 Nfld. & P.E.I.R. 202; 130 D.L.R.(3d) 171 (Nfld. C.A.), refd to. [para. 6].

Statutes Noticed:

Surface Rights Acquisition and Compensation Act, R.S.S. 1978, c. S-65, sect. 71, sect. 72 [paras. 2-4, 9].

Counsel:

R.C. Swist, for the applicant;

J.J. Billesberger, for the respondents;

B.J. Hornsberger, for Sask. Surface Rights.

This application was heard before Sherstobitoff, J.A., of the Saskatchewan Court of Appeal, in Chambers, whose decision was delivered on May 1, 1989.