Martin R. Kaplin

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.

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.

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.