Tribunal Rescinds Order LPRT904582/2023 Due to Duplicate Payments and Misleading Information

Strategic Insights -

The Surface Rights Act's LAND AND PROPERTY RIGHTS TRIBUNAL has issued a decision rescinding Order LPRT904582/2023, citing duplicate payments and misleading information provided by an applicant. The Tribunal initiated the review after discovering that the applicant had already received payment for missed payments in 2020 and 2021, yet still applied for compensation for the same periods in February 2023. This decision has significant implications for parties involved in similar proceedings.

Key Takeaways:

  • The LAND AND PROPERTY RIGHTS TRIBUNAL has rescinded Order LPRT904582/2023 due to duplicate payments and misleading information provided by the applicant.
  • The applicant had already received payment for missed payments in 2020 and 2021, yet still applied for compensation for the same periods in February 2023.
  • The Tribunal initiated the review after discovering the error and deemed it necessary to rescind the original order.
  • The Rules for Surface Rights, Rule 39, sets out the conditions for reconsideration, including errors of law or fact, unfair or unjust process, and inconsistency with earlier decisions.
  • Rule 37(5) allows the Tribunal to waive or vary requirements for review, which was applied in this case due to the applicant's insolvency and provision of false information.
  • The Tribunal has no option but to rescind Order LPRT904582/2023 given the duplicate payments and misleading information.

Statistics:

  • The applicant received duplicate payments for missed payments in 2020 and 2022.
  • The applicant had already received payment for missed payments in 2020 and 2021.
  • The original panel awarded compensation for 2020 and 2022, despite the error in payments for 2020.
  • The Tribunal will not seek submissions from the parties, given the applicant's insolvency and provision of false information.

Sources:

  • Surface Rights Rules, Rule 39
  • Surface Rights Rules, Rule 37(3)
  • Surface Rights Rules, Rule 37(5)
  • LAND AND PROPERTY RIGHTS TRIBUNAL Decision, June 3, 2025, Homeniuk v. Sequoia Resources Corp, 2025 ABLPRT 266
  • Canadian Natural Resources Limited v. Main, 2020 ABSRB 735