Supreme Court of Canada
Berkley Oil and Gas Ltd. v. Alminex Ltd. et al., [1975] 1 S.C.R.
262
Date: 1973-10-02
Berkley Oil and Gas Ltd. (Defendant) Appellant;
and
Alminex Limited,
Home Oil Company Limited and Kern County Land Company (Plaintiffs)
Respondents.
1973: May 30, 31; 1973: October 2.
Present: Martland, Judson, Spence, Pigeon
and Laskin JJ.
ON APPEAL FROM THE SUPREME COURT OF ALBERTA, APPELLATE DIVISION
Mines and minerals—Farmout
agreement—Overriding royalty reserved to lessor—Interpretation of royalty
clause.
APPEAL from a judgment of the Supreme Court
of Alberta, Appellate Division,
affirming a judgment of Lieberman J. Appeal dismissed.
Albert N. McCruden, for the defendant,
appellant.
John M. Robertson, Q.C., for the
plaintiffs, respondents.
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.
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