BC Court Of Appeal Resolves Important Dispute Over Mineral Rights

On July 4, 2024, the British Columbia Court of Appeal released a landmark decision in Skeena Resources Ltd. v. Mill, 2024 BCCA 249, providing much needed guidance on the question of ownership of waste rock and tailings generated by mining operations.

Skeena Resources Ltd. ("Skeena") claimed ownership over waste rock and tailings from Eskay Creek Mine (the "Mine") that Skeena had deposited into Albino Lake (the "Lake") in accordance with environmental regulations. Richard Mill, the individual who held a mineral claim over the Lake, asserted that he was the rightful owner of the valuable minerals in the waste rock and tailings deposited by Skeena. The question before the Court was whether Skeena relinquished its rights to the material when it deposited it into the Lake.