Insights

If a Miscellaneous Interest Lapses, a Claimant may still be Entitled to Register a Builders’ Lien

Where a party registers a miscellaneous interest against a property based on work done on that property, and that interest is lapsed, the party may still be entitled to register a valid builders’ lien against the property based on the same fact situation. However, there is no valid builders’ lien if there is no direct or indirect contractual relationship between the registrant and the owner or if the owner has not requested any improvements to the property. ..

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Standard of Review for a Decision Taken by the Minister of Energy and Resources is one of Reasonableness

In the context of a comprehensive and technically complex scheme for the determination of royalties pursuant to The Crown Mineral Royalty Schedule 1986, the Saskatchewan Court of Appeal held that a decision of the Minster of Energy and Resources regarding the average sale price of all arm’s length sales of uranium was to be held to a standard of reasonableness on appeal, rather than a standard of correctness. ..

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