Surface Rights And Access To Minerals

H. COYNE & SONS LTD. V. WHITEHORSE (CITY), 2018 YKCA 11

In this decision, the Yukon Court of Appeal considered the applicability of Yukon mining legislation, and the ability of the City of Whitehorse to regulate or prohibit the mining of subsurface minerals under its planning, land use and development powers.

This case is an appeal from a decision discussed in Mining in the Courts, Vol. VIII. H. Coyne & Sons owned a subsurface mineral interest in two subsurface parcels in Whitehorse. Part of the surface area, Lot 1280, was transferred to a development company. Pursuant to the City's 2010 official community plan, 2012 zoning bylaw, and a subdivision application approval, the development company was permitted to construct a rural residential development on the lot and subdivide the land. The development company then denied Coyne access to the surface of the lot for exploration and mining activities. Coyne commenced an action in the Yukon Supreme Court seeking declaratory relief that would give Coyne rights of access. The Supreme Court of Yukon declined to grant the declarations. Coyne appealed.

The Court of Appeal upheld the lower court's decision, holding that Whitehorse's land use bylaws validly prohibited Coyne from using the surface to access its subsurface mining rights. Coyne had argued that the Yukon Municipal Act (Act) does not include the power to prohibit or regulate the mining of lands. The Court disagreed, finding that a broad and purposive interpretation of the words "use and development of land" in the Act includes the power to regulate or prohibit the mining of lands within Whitehorse (subject to any superior Territorial legislation). The Court also declined to grant declarations respecting Yukon mining legislation, in particular because Coyne had failed to give Yukon notice of its court proceeding in which the court would be required to opine on the meaning and scope of important legislation and regulations in Yukon.

REGISTRAR OF TITLES V. GREAT WEST LIFE ASSURANCE COMPANY AND PRIMROSE DRILLING VENTURES LTD., 2018 SKQB 290

In this case, the Registrar of Titles applied to the Saskatchewan Court of Queen's Bench by way of reference under the province's Land Titles Act in order to determine ownership in a dispute over a one-quarter interest in the minerals associated with a piece of land.

One respondent, the Great West Life Assurance Company (GWL), owned a plot of land, including its minerals. GWL later transferred surface title...