Voyager Petroleums Ltd. v. Spaulding, (1977) 5 A.R. 302 (DC)

• Judge: Wachowich, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 04, 1977
• Citations: (1977), 5 A.R. 302 (DC)

Voyager Petroleums Ltd. v. Spaulding (1977), 5 A.R. 302 (DC)

MLB headnote and full text

Voyager Petroleums Ltd. v. Spaulding

Indexed As: Voyager Petroleums Ltd. v. Spaulding

Alberta District Court

Judicial District of Wetaskiwin

Wachowich, J.

March 4, 1977.

Summary:

This headnote contains no summary.

Mines and Minerals - Topic 6144

Operation of mines, quarries and wells - Compensation to owner of surface rights - Judicial review of award of the Alberta Surface Rights Board - Scope of review - Surface Rights Act, s. 24 - The Alberta District Court stated that on a review pursuant to s. 24 that the awards of the board should not be disturbed unless they are "clearly demonstrated to be wrong" - See paragraphs 4, 5 and 27.

Mines and Minerals - Topic 6151

Operation of mines, quarries and wells - Compensation to owner of surface rights - Award for surface damage pursuant to Alberta Surface Rights Act - Four acres of farmland were taken for a well site and access road - The Alberta District Court affirmed an award of $1,300.00 for loss of surface rights based on a value of $325.00 per acre - See paragraphs 9 and 10.

Mines and Minerals - Topic 6156

Operation of mines, quarries and wells - Compensation to owner of surface rights - Annual award for loss of use of land pursuant to the Alberta Surface Rights Act - Four acres of farmland were taken for a well site and access road - The Alberta District Court reduced an annual award for loss of use from $520.00 to $275.00 annually (based on a loss of annual return per acre of $100.00) - See paragraphs 11 to 22.

Mines and Minerals - Topic 6157

Operation of mines, quarries and wells - Compensation to owner of surface rights - Annual award for adverse effect of expropriation on the remaining land of the owner - Award made pursuant to Alberta Surface Rights Act - Four acres of farmland were taken for a well site and an access road - The Alberta District Court affirmed an award of $350.00 annually for adverse effect of the expropriation on the remaining land of the owner - The Alberta District Court stated that an award for adverse effect is similar to a general damage award - See paragraphs 23 to 26.

Cases Noticed:

Re Caswell and Alexandra Petroleums Ltd., 26 D.L.R.(3d) 289, folld. [para. 4].

Rwin Oils Ltd. v. Schmidt (1968), 74 W.W.R. 647, folld. [para. 14].

Lamb v. Canadian Reserve Oil and Gas Ltd., 8 N.R. 613; [1976] 4 W.W.R. 79, folld. [para. 27].

Statutes Noticed:

Surface Rights Act, S.A. 1972, c. 91, sect. 23, sect. 24.

Counsel:

J. Grotski, for the appellant;

G.R. Ackroyd, for the respondent.

The judgment of the Alberta District Court was delivered by WACHOWICH, J., at Edmonton, Alberta on March 4, 1977.