Taylor v. Pacific Petroleums Ltd., Alberta Surveying Services Ltd. and Nufield Operators Ltd., (1977) 6 A.R. 200 (DC)

• Judge: Wachowich, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 28, 1977
• Citations: (1977), 6 A.R. 200 (DC)

Taylor v. Pacific Petroleums Ltd. (1977), 6 A.R. 200 (DC)

MLB headnote and full text

Taylor v. Pacific Petroleums Ltd., Alberta Surveying Services Ltd. and Nufield Operators Ltd.

Taylor v. Pacific Petroleums Ltd. and Nufield Operators Ltd.

Pacific Petroleums Ltd. v. Taylor

Indexed As: Taylor v. Pacific Petroleums Ltd., Alberta Surveying Services Ltd. and Nufield Operators Ltd.

Alberta District Court

Judicial District of Edmonton

Wachowich, J.

January 28, 1977.

Summary:

This case arose out of a claim by a sheep farmer against the operator of a well located on the plaintiff's farm. In addition, the plaintiff claimed damages from a surveyor who was employed by the well operator. The farmer claimed damages for acts of trespass and losses resulting from the escape of the plaintiff's sheep. The Alberta District Court allowed the plaintiff's action against the well operator and against the surveyor and awarded the plaintiff damages.

Mines and Minerals - Topic 6206

Operation of mines, quarries and wells - Negligence, liability of operator to owner of surface rights - The defendant was the operator of a well located on the plaintiff's sheep farm - The plaintiff had a herd of 800 to 1,000 sheep - The defendant failed to adequately maintain a gate which resulted in the escape of the plaintiff's sheep - The Alberta District Court awarded the sheep farmer $2,096.00 damages arising out of the failure of the operator to maintain the gate - See paragraph 40 - In addition, the District Court awarded the farmer $2,495.00 damages for other acts of negligence by the defendant operator - See paragraphs 48 to 54.

Professional Occupations - Topic 864

Surveyors - Liability of surveyors to landowners - Negligence - A well operator engaged a surveyor to do some work at its well which was located on the plaintiff's sheep farm - The surveyor without permission cut down bushes and trees on the farmer's land - Also the surveyor failed to secure a gate resulting in the escape of the plaintiff's sheep - The Alberta District Court held the surveyor liable to the farmer and awarded the farmer $1,575.00 damages - See paragraphs 25 and 39.

Damage Awards - Topic 550

Torts affecting land - Trespass - Inconvenience - The defendant operated a well located on the plaintiff's sheep farm - The defendant's employees trespassed on the plaintiff's land - The trespasses were of a continuing nature and caused the plaintiff annoyance and inconvenience - The Alberta District Court awarded the farmer $500.00 general damages for trespass - See paragraph 55.

Cases Noticed:

Turnbull v. Calgary Power Ltd., [1975] 3 W.W.R. 354, folld. [para. 55].

Counsel:

G.S.D. Wright, for the plaintiff;

L.W. Drewry, for Pacific Petroleums Ltd.;

K.F. Bailey, for Alberta Surveying Services Ltd.

The judgment of WACHOWICH, J., of the Alberta District Court was delivered at Edmonton, Alberta on January 28, 1977.