An appeal pursuant to section 40(8) of the Mineral Tenure Act was allowed as the court found that the Chief Gold Commissioner erred in finding that there had not been a good faith attempt by the Appellant to comply with the staking requirements of the Act with respect to his mining claim and the Appellant’s non-compliance did not have a tendency to mislead

27. July 2004 0
Administrative law – Natural resources – Mining leases – Gold Commissioner – Staking requirements – Judicial review – Administrative decisions – Appeals – Compliance with legislation Tyerman v. Kreft, [2004] B.C.J. No. 1016, British Columbia Supreme Court, May 19, 2004, E.R.A. Edwards J. The Appellant brought an appeal pursuant to section 40(8) of the Mineral Tenure ...

The holder of a number of placer mining leases (“Klippert”) appealed a chambers judge’s finding that the Gold Commissioner had jurisdiction to amend his leases for the various areas of land. The chambers judge had found that the Gold Commissioner had jurisdiction under the Mineral Tenure Act to adjust the area of the leases granted, reducing the lease area, but that he had done so without adhering to the requirements of procedural fairness and natural justice. The Court of Appeal allowed the appeal and declared the revisionary provisos to be beyond the jurisdiction of the Gold Commissioner.

25. November 2003 0
Administrative law – Judicial review – Natural resources – Mining leases – Gold Commissioner – Jurisdiction – Powers under legislation – Procedural fairness – Natural justice Klippert v. British Columbia (Gold Commissioner), [2003] B.C.J. No. 2186, British Columbia Court of Appeal, September 23, 2003, Newbury, Huddard and Saunders JJ.A. Klippert had acquired various leases of land ...