The appellant appealed a decision of the Ontario Land Tribunal which rescinded a previous order requiring the respondents to contribute over $2 million toward mining development expenses.
The Tribunal had found that an oral agreement between the parties' predecessors established the respondents' interest as a 'free carried, perpetual, non-contributing' interest.
The Divisional Court dismissed the appeal, finding no extricable error of law or palpable and overriding error in the Tribunal's assessment of the evidence and conclusion that a binding oral agreement existed.
