Boss Power Corp. v. British Columbia, 2013 BCSC 638

Boss Power Corp. v. British Columbia, 2013 BCSC 638

This decision illustrates the importance of ensuring that all essential terms of a settlement offer are agreed upon by all parties to an action.

The plaintiff s (Boss) sued the province of British Columbia alleging that the province had expropriated mineral claims by enacting certain regulations. Boss sought compensation for the loss of the claims, and the parties agreed to a settlement of $30 million. Before the province paid out the settlement, it was determined that an individual, Mr. Beruschi, was the beneficial owner of some of the claims. The province then circulated a draft application for "interpleader relief," in which the province sought to pay the $30 million into court in exchange for acquiring legal and beneficial title to the claims, leaving Mr. Beruschi and other interested parties to prove their entitlement to the settlement funds according to their interests. Ultimately, aft er some back and