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Supreme Court of Canada

Real property—Title—Construction of conveyance—Reservation of minerals—Construction of reservation clause.

APPEAL from a judgment of the Supreme Court of Newfoundland, Appeal Division[1], dismissing an appeal from a judgment of Noel J.[2] at trial dismissing an action by the plaintiff for an injunction, declaration and accounting with respect to an exception and reservation of mineral rights.

J.J. Robinette, Q.C., and C.K. Wells, Q.C., for the appellant.

J.J. O’Neill, Q.C., for the respondents.

The judgment of the Court was delivered orally by

MARTLAND J.—It will not be necessary to hear you Mr. O’Neill. We are all in agreement with the reasons for judgment delivered by the Court of Appeal.

The appeal is dismissed with costs.

Appeal dismissed with costs.

Solicitors for the appellant: Wells, Monaghan, Seaborn, Marshall & Roberts, Corner Brook.

Solicitors for the respondents: O’Neill, Riche, O’Reilly, Noseworthy & Mercer, St. John’s.


[1] (1976), 9 Nfld. & P.E.I.R. 393.

[2] (1975), 7 Nfld. & P.E.I.R. 208.





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