Revitalize Energy Inc. (Revitalize) and Capital Land Services Ltd. (Capital) had competing claims to mineral rights on lands owned by the County of Vermilion River.
Revitalize acquired its interest from Petrocapita during insolvency proceedings in 2022 but faced delays in registering its caveats.
Capital negotiated a lease and option with the County in 2020 but lacked required ministerial approval under the Municipal Government Act (MGA), making the agreements "of no effect."
Capital initiated lapse proceedings for caveats held by Petrocapita without proper notice to Revitalize.
Decision
The Court ruled in favor of Revitalize, finding that:
Capital’s agreements were invalid without ministerial consent, granting no interest in the lands.
Capital lacked the legal standing required under section 138(5) of the Land Titles Act (LTA) to initiate lapse proceedings.
Revitalize had standing to challenge Capital’s actions and seek rectification of the title.
No specific monetary award, damages, or costs are explicitly mentioned in the decision.
Remedies Ordered
Restoration of Petrocapita's and Scott's caveats on the lands, transferred to Revitalize.
