4 total
Motion for costs dismissed; unsuccessful hearing strategy does not equate to unreasonable or vexatious conduct.
The applicants brought a motion for costs following a successful hearing under the Mining Act, alleging the respondent's conduct was unreasonable, frivolous, and vexatious.
The applicants argued that the respondent's failure to call witnesses, aggressive cross-examination, and overall hearing strategy warranted a costs award.
The Tribunal dismissed the motion, finding that while the respondent's strategy was unsuccessful, it did not rise to the level of serious misconduct or bad faith required under Rule 23 of the OLT Rules of Practice and Procedure to justify a discretionary costs award.
Tribunal issues procedural directions and s. 181(2) Order to Pay for mining claim expenditures.
The applicant sought an Order to Pay against the respondents for development expenditures on co-owned mining claims under s. 181(2) of the Mining Act.
Following an interim order and written submissions, the respondents consented to the issuance of the order subject to certain procedural conditions.
The Tribunal held that consent is not required under s. 181(2) and issued two orders: one establishing procedural steps for the upcoming liability hearing, including document exchange and discoveries, and a concurrent s. 181(2) Order to Pay.
Co-owners of mining properties ordered to pay US$ 2,065,492 for their share of development expenditures.
The applicant, a co-owner of the Chester 2 Properties, brought an application under s. 181(2) of the Mining Act seeking payment from the respondent co-owners for their proportionate share of development expenditures.
The respondents had failed to contribute their 7.5% share of the costs over a four-year period.
The Tribunal ordered the respondents to pay US$ 2,065,492.00, representing their share of the expenditures, plus interest.
Tribunal sets procedural steps for mining expenditure dispute and requires section 181(2) order before liability hearing.
The applicant and respondents are co-owners of mining properties.
The applicant sought an order under section 181 of the Mining Act for the respondents to pay their share of development expenditures.
The respondents claimed an oral agreement exempted them from these costs.
At a pre-hearing conference, the Tribunal determined the procedural steps for the liability phase of the hearing.
The Tribunal also held that an order under section 181(2) must be issued before a hearing on liability can proceed under section 181(4), and directed the applicant to confirm whether it requests such an order.
