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Tribunal cancels pending proceedings notation on mining claims and extends assessment work deadline following dismissal of court action.
The applicant requested the cancellation of a 'pending proceedings' notation from the abstracts of 81 mining claims held by the respondent, following the dismissal of the underlying Superior Court proceedings.
The applicant also requested an exclusion of time and an extension of the deadline to perform and report assessment work on the claims.
The Ontario Land Tribunal granted the requests, cancelling the notation, excluding the time the proceedings were pending, and extending the deadline for assessment work to December 31, 2024.
Tribunal cancels pending proceedings notation on mining claims and extends time for assessment work.
Skead Holdings Ltd. requested the Ontario Land Tribunal to cancel a 'pending proceedings' notation on 81 mining claims held by Fancamp Exploration Ltd., following the dismissal of a related Superior Court proceeding.
Skead also requested an exclusion of time and an extension of time to perform assessment work on the claims.
With the consent of Fancamp, the Tribunal granted the requests pursuant to sections 64(4.1) and 64(5) of the Mining Act, cancelling the notation, excluding the time the proceedings were pending, and extending the deadline for assessment work to December 31, 2024.
Tribunal orders Mining Recorder to note pending court proceeding on 81 mining claim abstracts.
Skead Holdings Ltd. requested an order under s. 64(2.2) of the Mining Act confirming that a proceeding is pending before the Ontario Superior Court of Justice against Fancamp Exploration Ltd. regarding a dispute over a 2019 agreement for the sale of mining claims.
The Tribunal found that a proceeding was indeed pending and related to Skead's claimed interest in 81 mining claims currently held by Fancamp.
The Tribunal ordered the Provincial Mining Recorder to make a note of 'Pending Proceedings' on the abstracts of the 81 mining claims.
Judicial review dismissed; housing cooperative had delegated authority to terminate rent subsidy.
The applicant sought judicial review of a housing cooperative's decision that she was no longer eligible for a Rent-Geared-to-Income subsidy after refusing an offer for a one-bedroom unit.
The applicant argued the cooperative lacked the delegated authority to make this determination.
The Divisional Court dismissed the application, finding that the service manager had expressly delegated the authority to determine eligibility and consider extenuating circumstances to the cooperative.
The court also found the cooperative's decision that the applicant failed to establish extenuating circumstances was reasonable.
Grievance Board lacks jurisdiction to review denial of voluntary exit applications absent an existing employment term.
The complainant challenged the employer's refusal to grant his request to exit the Ontario Public Service with enhanced severance benefits under the Voluntary Exit Program (VEP).
The employer brought a preliminary motion to dismiss the complaint for lack of jurisdiction, arguing the VEP was not an existing term or condition of employment.
The Public Service Grievance Board agreed, finding that the VEP announcement was a pre-contractual representation and did not become a binding term of employment until an application was approved.
The Board concluded it lacked jurisdiction to review the fairness of the decision-making process or to create new terms of employment, and dismissed the complaint.
Appeal dismissed; sub-tenant held liable for retroactive realty tax arrears under clear terms of sublease.
The appellant sub-tenant appealed a trial judgment ordering him to pay $18,060.42 in realty tax arrears to the respondent Township.
The appellant argued that the sublease did not permit retroactive tax collection, that the Township lacked authority to sue for the arrears, and that the claim was barred by the doctrine of laches.
The Court of Appeal dismissed the appeal, finding that the sublease clearly made the appellant responsible for all applicable realty taxes, the Township sued properly under the contract, and the delay in assessment was caused by the Municipal Property Assessment Corporation rather than the Township.
Insurer ordered to produce accident benefits file up to arbitration application date; broad policy manual production denied.
The applicant, who sustained catastrophic injuries in a motor vehicle accident, sought production of the insurer's complete accident benefits file and internal policy manuals regarding attendant care benefits.
The insurer objected to producing documents created after the date of the application for mediation, claiming privilege.
The arbitrator ordered the insurer to produce its complete file up to the date the application for arbitration was registered, finding that the insurer failed to establish litigation privilege for that period and that the applicant was entitled to disclosure of the insurer's thought process regarding a section 42 medical examination.
The arbitrator declined to order broad production of policy manuals, restricting it to those specifically referenced in the produced file or those the insurer intends to rely on at the hearing.
