SOME SECOND THOUGHTS ON DAMAGES FOR BREACH OF A DRILLING COMMITMENT

Authors

  • JOHN B BALLEM
  • Q C

Abstract

The Supreme Court of Canada decision in Sunshine Exploration Ltd. v. Dolly Varden Mines Ltd. (NPL) appears to have reinstated the cost of drilling as an appropriate measure of damages for breach of a drilling commitment. The author examines the fallout from the decision, which overrules Cotter v. General Petroleums Limited and Superior Oils Limited, an authority for over twenty years that has led the courts to prescribe little more than nominal damages for plaintiffs throughout that time.

Keywords:

Damages, Mines and Minerals

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Published

1970-12-01

Issue

Section

Legal Commentary