Supreme Court of Canada
Dominion Reduction Co. v. Peterson Lake Silver Cobalt Mining Co., (1919) 59 S.C.R. 646
Date: 1919-06-17
Dominion Reduction Co.
and
Peterson Lake Silver Cobalt Mining Co.
1919: May 26; 1919: June 17.
Present: Sir Louis Davies C.J. and Idington, Duff, Anglin and Brodeur JJ.
ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ONTARIO.
Contract—Personal property—Title—Mining Co.—Deposit of tailings.
APPEAL from a decision of the Appellate Division of the Supreme Court of Ontario[1], affirming the judgment at the trial[2], in favour of the respondents.
The respondent company owns Peterson Lake and a strip of the land all around it. The Nova Scotia Mining Co. operated a reduction mill near the lake from 1910 to 1912 and deposited the tailings in the lake apparently without any authority, but no objection was made by the respondents. In 1912 the Nova Scotia Company made an assignment and the appellants became possessed of its assets and rights. In 1914, on application by letter appellants were allowed to continue the deposit of tailings. In 1915 they wrote asking leave to deposit in a certain part of the lake and to remove the tailings if they became valuable, which was acceded on July 2nd. In an action by respondents, for an injunction against removal, they claimed nothing in respect to deposits made after the date last mentioned.
The trial judge found that as to deposits, prior to that date, there had never been an agreement therefor; that the deposits were evidently considered to be of no value and were merely the throwing away of refuse; and that the tailings had become the property of the
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respondent company. His judgment for the latter was affirmed by the Appellate Division.
The Supreme Court of Canada heard counsel for both parties and reserved judgment. On a later day the appeal was dismissed.
Appeal dismissed with costs.
Nesbitt K.C. and McKay K.C. for the appellants.
Hellmuth K.C. and Young K.C. for the respondents.