Berkley Oil and Gas Ltd. v. Alminex Ltd. et al.

[1975] 1 SCR 262 Court SCC Decision date 1973-10-02 English

PartiesBerkley Oil and Gas Ltd. (Defendant) Appellant·Alminex Limited, Home Oil Company Limited and Kern County Land Company (Plaintiffs) Respondents

Counsel (4)

Albert N. McCruden, for the defendant, appellant.
John M. Robertson, Q.C., for the plaintiffs, respondents.
Solicitors for the defendant, appellant: McLaws & Co., Calgary.
Solicitors for the plaintiffs, respondents: Fenerty, McGillivray, Robertson, Brennan, Fraser, Bell & Hatch, Calgary.

Judges Martland, Ronald; Judson, Wilfred; Spence, Wishart Flett; Pigeon, Louis-Philippe; Laskin, Bora

Delivered by Judgment of the Court — MARTLAND J.

On appeal from Alberta

Subjects Mines and minerals

Contents

Judgment of the Court — MARTLAND J.

The judgment of the Court was delivered by

MARTLAND J.—I agree with the reasons of the learned trial judge, which were approved by the Court of Appeal, and with the further reasons stated by the Court of Appeal.

I would dismiss the appeal, with costs.

Appeal dismissed with costs.

Solicitors for the defendant, appellant: McLaws & Co., Calgary.

Solicitors for the plaintiffs, respondents: Fenerty, McGillivray, Robertson, Brennan, Fraser, Bell & Hatch, Calgary.

Footnotes

[1] [1972] 6 W.W.R. 412.