Background & Facts

• Roy Flowers, owner of the land, sued Persist Oil and Gas Inc. for a permanent injunction to stop a Bitcoin mining operation on the leased land.
• The lease, signed in 1999, expired in 2019 but remained in effect under s.144 of the Environmental Protection and Enhancement Act due to the absence of a reclamation certificate.
• Persist brought in gas generators and equipment for Bitcoin mining in 2021, expanding operations in September 2021 despite Flowers’ written demands to stop.
• Persist continued paying annual lease payments ($12,150), which Flowers accepted at least until 2021.
• The LPRT granted Persist a Right of Entry Order (April 2023) but did not rule on Bitcoin mining.
• Rocky View County issued a Bylaw Compliance Notice (Feb. 2025), finding Persist lacked municipal approvals.

Court’s Decision

1. Lease Validity: The lease remains in force until a reclamation certificate is issued.
2. Bitcoin Mining: Not a permitted use under the lease.
3. Trespassing: No trespass as Persist occupies the land legally.
4. Nuisance: Flowers failed to prove excessive noise based on expert reports.
5. Permanent Injunction: Granted—Persist must remove mining equipment.
6. Disgorgement of Profits: Denied—Flowers can pursue damages instead.

Outcome

• Flowers wins the injunction; Persist must cease mining.
• Persist’s motion for summary dismissal is denied.
• Damages must be decided in trial or settlement.