Surface Rights And Access To Minerals

H. COYNE & SONS LTD. V. WHITEHORSE (CITY), 2018 YKCA 11

In this decision, the Yukon Court of Appeal considered the applicability of Yukon mining legislation, and the ability of the City of Whitehorse to regulate or prohibit the mining of subsurface minerals under its planning, land use and development powers.

This case is an appeal from a decision discussed in Mining in the Courts, Vol. VIII. H. Coyne & Sons owned a subsurface mineral interest in two subsurface parcels in Whitehorse. Part of the surface area, Lot 1280, was transferred to a development company. Pursuant to the City's 2010 official community plan, 2012 zoning bylaw, and a subdivision application approval, the development company was permitted to construct a rural residential development on the lot and subdivide the land. The development company then denied Coyne access to the surface of the lot for exploration and mining activities. Coyne commenced an action in the Yukon Supreme Court seeking