Director of Soldier Settlement v. Snider Estate, (1988) 88 A.R. 385 (CA)

• Judge: Laycraft, C.J.A., Harradence and Belzil, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: August 17, 1988
• Citations: (1988), 88 A.R. 385 (CA)

Soldier Settlement Director v. Snider Estate (1988), 88 A.R. 385 (CA)

MLB headnote and full text

In The Matter Of The Soldier Settlement Act 1910, S.C. c.-71; Soldier Settlement Act, R.S.C. 1927, c. 188, as amended and The Land Titles Act, R.S.A. 1970, c. 198, as amended

And In The Matter Of The Director of Soldier Settlement, a corporation sole and agent of Her Majesty The Queen in Right of Canada

And In The Matter of the rectification of title to the mines and minerals other than coal in the lands described as: The North West Quarter Section Thirteen (13), Township Fifty (50), Range One (1), West of the Fifth Meridian, in the Province of Alberta, Dominion of Canada, containing One Hundred and Fifty-nine (159) acres, more or less - reserving unto The Canadian Pacific Railway Company all coal

Director of Soldier Settlement (petitioner/respondent) v. Fred King, executor of the Last Will and Testament of Charlie Snider; Deceased; and Albert Snider and Fred Snider, Executors of the Last Will and Testament of Tillie Snider, Deceased (respondents) and The Attorney General of Alberta (intervenor/appellant)

(No. 18834)

Indexed As: Director of Soldier Settlement v. Snider Estate

Alberta Court of Appeal

Laycraft, C.J.A., Harradence and Belzil, JJ.A.

August 17, 1988.

Summary:

The Soldier Settlement Board (the board), a federal Crown agency, obtained title to land in Alberta, including certain mines and minerals. The board conveyed the land without reserving mines and minerals although the Soldier's Settlement Act 1919 contained a statutory reservation of mines and minerals. The issue in this case was whether the federal Crown could claim title to the mines and minerals against bona fide purchasers of the land.

The Alberta Court of Queen's Bench found in favour of the federal Crown - see [1985] 2 W.W.R. 149.

On appeal, the Alberta Court of Appeal allowed the appeal and held that the successors in title to the bona fide purchasers owned the mines and minerals.

Crown - Topic 408

Statutes affecting the Crown - Application of provincial laws to the federal Crown - The Soldier Settlement Board (the board), a federal Crown agency, obtained title to land in Alberta including mines and minerals - The board registered its title in Alberta and later conveyed the land without reserving mines and minerals, although a federal statute contained a statutory reservation of mines and minerals - The federal Crown claimed title to the mines and minerals against bona fide purchasers of the land - The Alberta Court of Appeal rejected the federal Crown's claim and held that it was bound by the Alberta Land Titles Act (see paragraphs 35 to 37).

Cases Noticed:

Prudential Trust Company v. Registrar Humboldt Land Registration District, [1957] S.C.R. 658, refd to. [paras. 7, 24]; dist. [para. 26].

Reese v. Her Majesty the Queen, [1957] S.C.R. 794, refd to. [para. 7]; dist. [para. 25].

Farm Credit Corporation v. Dunwoody Limited et al. (1988), 86 A.R. 304, refd to. [para. 13].

Alberta Mortgage and Housing Corporation v. Ciereszko (1987), 77 A.R. 81; 50 Alta. L.R.(2d) 289, refd to. [paras. 13, 34].

R. v. Murray, [1967] S.C.R. 262, refd to. [para. 34].

Bank of Montreal v. Quebec, [1979] 1 S.C.R. 525; 25 N.R. 330, refd to. [para. 34].

Dominion Building Corporation Limited v. The King, [1933] A.C. 533, refd to. [para. 34].

Statutes Noticed:

Soldier Settlement Act, R.S.C. 1927, c. 188, sect. 13, sect. 51, sect. 57 [para. 17].

Land Titles Act, R.S.A. 1980, c. L-5, sect. 66(1) [para. 24].

Land Titles Act, R.S.A. 1922, c. 133, sect. 58 [para. 24].

Counsel:

T.C.R. Joyce and K.N. Lambrecht, for the Director of Soldier Settlement;

No one appeared for Fred King et al.;

D.W. Kinloch, for the Attorney General of Alberta.

This appeal was heard by Laycraft, C.J.A., Harradence and Belzil, JJ.A., of the Alberta Court of Appeal. The decision of the Court of Appeal was delivered by Laycraft, C.J.A., at Edmonton, Alberta, on August 17, 1988.