Representative Cases

  1. Native Rights

    Re: Deborah E4-789 Kitchooalik and Enooyak v. Tuktoo et ux. (Northwest Territories Court of Appeal) [1972] 5 W.W.R 203 - Inuit custom adoption.

  2. Energy-Environmental
    1. Mackenzie Valley Pipeline Inquiry (1974-77) (co-counsel for applicant, Canadian Arctic Gas Pipeline Ltd.) - probably the most comprehensive public hearing ever held in Canada concerning environmental and socio-economic issues associated with a proposed energy project.
    2. Energy Resources Conservation Board Application re Spacing Unit 1088 (1980) - resulted in changes to gas and oil wellsite locations in Alberta to minimize impact on agriculture land use.
    3. Unocal Canada Ltd. E.R.C.B. Decision #D89-7 (1989) - first successful opposition to permit for gas plant construction in Alberta.
    4. Slauenwhite et al v. Alberta Environmental Appeal Board, Director of Environmental Assessment and Conwest Exploration Company Ltd (Alberta Queen's Bench, Grande Prairie #9401-00052) - first judicial review of a decision of the Alberta Environmental Appeal Board.
    5. Penson v. Inspector of Land Reclamation, Alberta Environmental Protection re: Pembina Corporation (1998) - Alberta Environmental Appeal Board Decision No. 98-005-R canceling reclamation certificate.
      http://www3.gov.ab.ca/eab/dec/98-005-r.html
    6. Meinders Farm, Decision 04-05 (2004) of the Natural Resources Conservation Board. Application for hog barn turned down under Agricultural Operation Practices Act because of conflict with municipal development plan.
  3. Expropriation, Surface Rights and Eminent Domain
    1. Nova Corporation v. Petryshen (1983) 27 L.C.R. 276 and Nova v. Bain et. al. (1984) 31 L.C.R. 47 (Alberta Court of Appeal) - changed traditional basis for assessing compensation awarded to landowners for pipeline rights-of-way.
    2. Rocking P Ranch Ltd. v. Transalta Utilities Ltd. (1984) (Alberta Court of Appeal # 15801) - calculation of entry fee for major power transmission lines.
    3. Scurry Rainbow Oil Ltd. v. Lamoureaux (1985) (Supreme Court of British Columbia # 1777) - principles to be applied in assessing surface rights compensation in British Columbia.
    4. Dome Petroleum Ltd. v. Richards et. al. (1986) 34 L.C.R.1 (Alberta Queen's Bench) - series of test cases establishing principles of compensation for oil and gas wellsites on private land.
    5. Didow and Knox v. Alberta Power Ltd. (1986) (Alberta Court of Appeal #307887) - trespass of overhanging powerlines.
    6. Alberta Power Ltd. v. Woronuk (1990) (Alberta Court of Appeal #15801) - established basis of compensation for powerlines and stations.
    7. Huk v. Ranger Oil Ltd. (1997) (British Columbia Court of Appeal #21096) - established the right of landowners to apply to the arbitration board for damages arising out of seismic exploration.
    8. Stierle v. Minister of Transportation (1997) (Alberta Land Compensation Board Decision # 374) - land expropriated for highway valued on basis of small parcel/subdivision value.
    9. Western Industrial Clay Products Ltd. v. Bepple (1998) (British Columbia Mediation and Arbitration Board 0012A) - restricting amount of land mining company entitled to take for open pit mine.
    10. Zubick et al v. Corridor Pipeline Ltd. (2002 Alberta Queens Bench no. 20020503) - compensation for pipeline right of way in a corridor situation. Court also ruled that annual compensation for pipelines is permissible but not appropriate in that case.
    11. Peace River Corporation v. 610385 British Columbia Ltd. (2003, B.C. Mediation and Arbitration Board no. 367M) - Mediator ruled that application for coalbed methane well must be dealt with by Oil & Gas Commission before company applied for right of entry.
    12. Balisky et al. v. Minister of Natural Resources and Alliance Pipeline Ltd. (2003) (Federal Court of Appeal 2003 FCA 104, leave to appeal to Supreme Court of Canada denied) - controlled area outside pipeline right of way to be considered by Arbitration Committee under National Energy Board Act.
    13. Bue et al. v. Alliance Pipeline Ltd. (2003) (National Energy Board Act Arbitration Committee) - confirmed rights of landowners to annual compensation for federally regulated pipeline.
      See also Bue et al. v. Alliance Pipeline Ltd. 2006 FC 713.
    14. Corridor Pipeline Ltd. v. Smith Park Farm Ltd. (2003) Alberta Queen's Bench #0203 20639 - dealt with issues of annual payments for provincially regulated pipelines and compensation with respect to pipeline corridors
    15. Moller v. Minister of Transportation (2004) ABCA 340. The Alberta Court of Appeal overturned a decision of the Land Compensation Board and ordered a new hearing because the Board had not considered small parcel values.
    16. True Energy Inc. v. Kitching (2007) Alberta Queen's Bench No. 0612 00150 (Wetaswkwin) - dealt with valuation of a wellsite taking on recreational (non-agricultural) lands.
    17. Canadian Natural Resources Ltd. v. Bennett, 2008 ABQB 19 upheld by the court of appeal: 2010 ABCA91 - dealt with annual compensation for wellsites on irrigated and non-irrigated lands. The Court discusses the fact that the landowner is forced into an unwanted business relationship with the oil company.
    18. Enbridge Pipelines (Athabasca) Inc. v. Karpetz et al, Alberta SRB Decision nos. 2008/0362–2008/0375 2010 ABQB 108, 2010 ABCA 185 – the Alberta Surface Rights Board awarded annual compensation for the first time in connection with a pipeline on agricultural land. The Board's decision was overturned by the Court of Queen's Bench.  The Alberta Court of Appeal denied leave to appeal but said it was not suggesting that an annual payment component cannot be considered a valid part of a compensation package for a pipeline.
  4. Freedom of Information

    Slauenwhite v. Minister of Environmental Protection - (1997) (Information and Privacy Commissioner Order 97-007) - Minister ordered to produce documents alleged to be privileged.

  5. U.S. - Canada Conflict of Laws; Aviation

    Bolin Estate v. Hargrove Estate and D & G Lumber - (1998) (U.S. Federal Court, Montana District #CV 98 -12- BU - DWM) - case involved Canadian residents killed in U.S. plane crash; court ruled that U.S. law applied to quantum of damages.