Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 12, 2022
CASE NO(S).:
OLT-21-001261
PROCEEDING COMMENCED UNDER section 112(3) of the Mining Act, R.S.O. 1990, c. M.14, as amended
Appellant:
Mikolaj Zarzycki
Respondent:
Ministry of Northern Development, Mines, Natural Resources and Forestry
Subject:
Appeal of Decision of Provincial Mining Recorder to delete entry of claim from Mining Claims Registry
Unpatented Mining Claim:
653494
Municipality/Division:
Unorganized Area/Southern Ontario Mining Division
OLT Case No.:
OLT 21-001261
OLT Case Name:
Zarzycki v. Ontario (Northern Development, Mines, Natural Resources and Forestry)
Heard:
December 1, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Mikolaj Zarzycki
Self-represented
Ministry of Northern Development,
Michael Mercer, Michael Cameron and
Mines, Natural Resources and Forestry
Yara Willox (student-at-law)
Memorandum of oral DECISION DELIVERED BY hugh s. wilkins on deCember 1, 2021 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) regarding the appeal brought by Mikolaj Zarzycki (“Appellant”) under s. 112(3) of the Mining Act regarding the deletion of an entry of claim from the Mining Claims Registry by the Provincial Mining Recorder. It relates to Unpatented Mining Claim No. 653494, which is associated with the area of the Leslie Street Land Spit in Toronto.
2At the CMC, the Tribunal addressed the identification of issues to be addressed at the hearing, the identification of opportunities for settlement discussions, and the scheduling of a further CMC.
3The Parties described the nature of the dispute and identified two issues to be adjudicated at a hearing:
whether the Leslie Street Land Spit was created and is an artificial land form; and
whether the lands on the Leslie Street Land Spit were withdrawn by Order in Council in 1912 from prospecting, staking out or sale.
4The Parties generally identified the number and types of witnesses that they will call at the hearing; however, the Appellant stated that he needed to do further research regarding the facts and to retain experts.
5Regarding opportunities for settlement discussions, the Appellant expressed openness to having such discussions. The Ministry of Northern Development, Mines, Natural Resources and Forestry stated that given the binary nature of the issue and the outcome of the appeal, the proceeding is not amenable to settlement discussions.
6The Parties requested on consent that a further CMC be scheduled to give the Appellant time to prepare his case and retain experts. The Tribunal scheduled a further CMC for late January 2022.
ORDER
7The Tribunal orders that a further CMC in this matter will be held by video hearing on Monday, January 31, 2022 commencing at 10 a.m. The Tribunal requests that the Parties be prepared to finalize hearing preparations and to set hearing dates at the CMC.
8Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
9Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
11Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the video hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
12There will be no further notice.
13This Member is not seized.
“Hugh S. Wilkins”
hugh s. wilkins
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.