Case information
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35554
Areva Resources Canada Inc. v. Saskatchewan Ministry of Energy and Resources
(Saskatchewan) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-02-19 | Close file on Leave | |
| 2014-02-19 | Correspondence received from, David Debenham, re.: will be taking carriage of this matter from Jeffrey W. Beedell. | Areva Resources Canada Inc. |
| 2014-02-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-02-14 | Judgment on leave sent to the parties | |
| 2014-02-13 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACV2271, 2013 SKCA 79, dated July 19, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2014-01-13 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-01-09 | Correspondence received from, (Letter Form), Ms. Ohashi by email re: in response to Mr. Wintermute letter of 2014/01/07, does not change their position | Saskatchewan Ministry of Energy and Resources |
| 2014-01-07 | Correspondence received from, (Letter Form), Mr. Wintermute re: similar issues to 35145 being heard on 2014/01/14 | Areva Resources Canada Inc. |
| 2013-10-31 | Correspondence received from, Jeff Beedell re: formal CASASK Order of 2013-09-26 | Areva Resources Canada Inc. |
| 2013-10-31 | Applicant's reply to respondent's argument, (Book Form), Electronic version filed, Completed on: 2013-10-31 | Areva Resources Canada Inc. |
| 2013-10-23 | Respondent's response on the application for leave to appeal, (Book Form), Electronic version rec'd, Completed on: 2013-10-28 | Saskatchewan Ministry of Energy and Resources |
| 2013-10-01 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-09-30 | Application for leave to appeal, (Book Form), Electronic version rec'd - Formal CASASK Order rec'd 2013-10-31, Completed on: 2013-09-30 | Areva Resources Canada Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Areva Resources Canada Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Saskatchewan Ministry of Energy and Resources | Respondent | Active |
Counsel
Party: Areva Resources Canada Inc.
Counsel
C. Ryan Lepage
1500, 410-22nd Street East
Saskatoon, Saskatchewan
S7K 6T6
Telephone: (306) 975-7100
FAX: (306) 975-7145
Email: KWintermute@mlt.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: david.debenham@mcmillan.ca
Party: Saskatchewan Ministry of Energy and Resources
Counsel
900, 1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-9711
FAX: (306) 787-0581
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Administrative law — Judicial review — Non-adjudicative decision-makers — Standard of review — Legislation — Interpretation — What is the appropriate standard of review analysis in the context of non-adjudicative decision-makers — What is the appropriate approach to the interpretation of a royalty provision such as s. 27(3)(a)?
Areva, a uranium exploration, mining and milling company with substantial uranium assets in Saskatchewan, must pay yearly royalties on its sales of uranium to the Crown. The Ministry audited Areva’s annual uranium royalty return for 2006-2009. As Areva did not provide supporting information on the non-arm’s length sales, the Ministry determined the royalty according to s. 27(3)(1) of The Crown Mineral Royalty Schedule, 1986, S.R. 30/86. Subject to exceptions that do not apply here, it provides that “the fair market value for a sale of uranium that is not at arm’s length is deemed to be… the average sale price of all arm’s length sales of uranium from that pooled inventory in the current royalty year”. The Ministry calculated the average sales price by determining the total revenue for the uranium sold and dividing the total by the number of pounds sold. Areva sought judicial review arguing that the average sale price should have been calculated by adding the price per pound in each sale and dividing by the number of sales made.
On judicial review, it was ordered that the decisions of the Ministry be set aside and the matter be remitted to the Ministry for calculation in accordance with the correct approach, but no order of mandamus was made. The Court of Appeal allowed an appeal, reinstated the decision of the Ministry, and dismissed the cross-appeal.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
2012 SKQB 205, Q.B.G. No. 649/2011
see file
Court of Appeal for Saskatchewan
2013 SKCA 79, CACV2271
see file
Court of Appeal for Saskatchewan
CACV2271, 2013 SKCA 79
see file
Memorandums of argument on application for leave to appeal
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Factums on appeal
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If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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