Supreme Court of Canada

Mastermet Cobalt Mines v. Canadaka Mines, [1980] 2 S.C.R. 119

Date: 1980-06-17

Mastermet Cobalt Mines Limited (Plaintiff) Appellant;

and

Canadaka Mines Limited (Defendant) Respondent.

1980: June 3; 1980: June 17.

Present: Martland, Dickson, Beetz, Estey and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Mines and minerals—Silver tailings deposited on parcel of land prior to severance of surface and mining rights—Ownership of tailings.

APPEAL from a judgment of the Court of Appeal for Ontario[^1], dismissing an appeal from the judgment of Boland J. in an action and counterclaim to determine the ownership of silver tailings deposited on a parcel of land prior to the severance of the surface and mining rights. Appeal dismissed.

George Finlayson, Q.C., and Roy Stephenson, for the plaintiff, appellant.

Claude Thomson, Q.C., and Donald Short, for the defendant, respondent.

THE COURT—We are all in agreement with the reasons delivered on behalf of the Court of Appeal by Mr. Justice Lacourcière.

The appeal is dismissed with costs.

Judgment accordingly.

Solicitors for the plaintiff appellant: McCarthy & McCarthy, Toronto.

Solicitors for the defendant, respondent: Campbell, Godfrey & Lewtas, Toronto.

[^1]: (1978), 21 O.R. (2d) 494, 5 R.P.R. 169.