Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 14, 2023
CASE NO(S).: OLT-21-001525
(Formerly MA 010-20)
PROCEEDING COMMENCED UNDER section 74(2)(a) of the Mining Act, R.S.O. 1990, c. M.14, as amended
Applicants: Bruce Blazejewski, in his capacity as Estate Trustee for the Estate of Darlene June Stubbs
Subject: Application to vest the Mining Claim interests of Darlene June Stubbs, deceased, in Bruce Blazejewski, in his capacity as Estate Trustee for the Estate of Darlene June Stubbs
Boundary and Cell Mining Claims: See “Schedule A” attached and forming part of this Order
Area/Mining Division: Tyrrell Township, Larder Lake Mining Division
OLT Case No.: OLT-21-001525
OLT Legacy Case No.: MA 010-20
OLT Case Name: Stubbs Estate
Heard: August 8, 2023, in writing
APPEARANCES:
Parties
Representative
The Estate of Darlene June Stubbs, by the Appointed Estate Trustee
Bruce Blazejewski
DECISION DELIVERED BY C. HARDY AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION AND APPLICATION
1This Application to the Tribunal is brought by Bruce Blazejewski (“Applicant”), as the Appointed Estate Trustee for the Estate of Darlene June Stubbs (“Claim Holder”). Ms. Stubbs died on October 21, 2017, and at the time of her death was listed with the Ministry of Energy, Northern Development and Mines (“Ministry”) as the recorded holder of a 40% interest in Boundary Cell Mining Claims 111622, 150126, 243030, 269324 and 340938, a 100% interest in Boundary Cell Mining Claims 101756, 116236, 116264, 116266, 127450, 191773, 196297, 217114 and 284397 and a 100% interest in Single Cell Mining Claim 262937, (as outlined in Schedule A attached hereto) all of which are situated in Tyrrell Township (“Mining Claims”).
2Pursuant to s. 74(2)(a) of the Mining Act, R.S.O. 1990, C. M.14 (“Mining Act”), the Applicant brought an application for a vesting order relating to the Mining Claims and submitted a supporting Affidavit on October 26, 2023 (“Affidavit”).
3The Applicant has requested that the Tribunal extend the time for performing and filing assessment work, with respect to 10 of the 15 Mining Claims as set out in more detail below.
APPLICATION MATERIALS
4The Tribunal received the following documents, in electronic format, in support of the application:
The Affidavit of Bruce Blazejewski sworn October 26, 2023, in relation to the Mining Claims held by his deceased Mother “Darlene June Stubbs”;
Funeral Director Proof of Death Certification of the Claim Holder dated October 28, 2017 (“Death Certificate”);
Notarial Copy of the Certificate of Appointment of Estate Trustee with a Will (“Certificate of Appointment”) in the Estate of Darlene June Stubbs, issued by the Ontario Superior Court of Justice on May 25, 2022, together with the Last Will and Testament of Darlene June Stubbs; and
Notarial Copy of the Renunciation of Right to a Certificate of Appointment of Estate Trustee (or Succeeding Estate Trustee) with a Will signed by Gwen Desjardins on September 3, 2020.
REVIEW OF EVIDENCE
5According to the Death Certificate the Claim Holder died in Englehart, Ontario, on October 21, 2017, having executed a Last Will and Testament on January 8, 2008 (“Will”).
6The Will contains the requisite clause granting the Trustees the necessary general powers to sell any portion of the estate not consisting of money. The Will appointed Gwen Desjardins as Executrix and Trustee and if Gwen Desjardins should predecease the Claim Holder or refuse or be unable to act or to continue to act or should resign, the Will appointed the Applicant to be Executor and Trustee to fill such vacancy.
7Gwen Desjardins executed a Renunciation of Right to a Certificate of Appointment of Estate Trustee (or Succeeding Estate Trustee) with a Will on September 3, 2020.
8Upon Application by the next appointed Executor and Trustee, the Applicant, to the Ontario Superior Court of Justice, a Certificate of Appointment of Estate Trustee was issued to him on May 25, 2022. The Applicant has accordingly been appointed to administer the Estate of the deceased Claim Holder under the Will dated January 8, 2008.
9All of the Claim Holder’s interest in her Estate was given, devised and bequeathed to her Estate Trustee, the Applicant, to be administered in accordance with the terms of her Will.
10The Claim Holder’s Will does not provide for any direct bequest of any personal property, real estate or assets, including the Mining Claims, to any identified beneficiary.
11Following payment of the Claim Holder’s debts, funeral and testamentary expanses, succession duties and inheritance, death and estate taxes, the Claim Holder’s Will provides that the residue of the Claim Holder’s Estate is to be transferred to her three children, Gwen Desjardins, Mark Blazejewski and the Applicant in equal shares per stirpes.
DISPOSITION
12Upon consideration of the documentation and information provided, the Tribunal finds that the Application to vest the deceased Claim Holder’s interest in the Mining Claims in the Applicant as Estate Trustee for the Estate of Darlene June Stubbs is granted.
13In its review of the materials, the Tribunal found a discrepancy in the date of death of the Claim Holder set out within the filed documentation. The date of death denoted in the Death Certificate is October 21, 2017, however, the date of death found on the Certificate of Appointment of Estate Trustee is October 17, 2017. The Tribunal finds that the discrepancy in the date of death does not preclude the Tribunal from making a determination on the vesting order pursuant to s. 74(2)(a) of the Mining Act.
14The Tribunal notes that the Applicant is seeking an extension of time in order to perform and file prescribed assessment work on 10 of the 15 Mining Claims (being those 10 owned by the deceased as to a 100% interest) which had the notation “Pending Proceedings” placed on their abstracts at the request of the Applicant. For clarity, the extension of time has been requested on Single Cell Mining Claim 262937 and Boundary Cell Mining Claims 101756, 116236, 116264, 116266, 127450, 196297 and 217114, all of which had due dates of September 17, 2020. The extension of time was further requested on Boundary Cell Mining Claims 191773 and 284397, both of which had due dates of October 4, 2020. If not for the placement of the “Pending Proceedings” notation on the abstracts of the Mining Claims, they would have forfeited.
15As a result, the Tribunal will extend the due dates for the performance and filing of prescribed assessment work on the aforementioned Cell and Boundary Mining Claims to December 31, 2024.
ORDER
16The Tribunal hereby provides the following Orders and Directives:
a. The interest of the deceased, Darlene June Stubbs, in the Single Cell and Boundary Cell Mining Claims set out in Schedule A to this Order, be and is hereby vested in Bruce Blazejewski, in his capacity as Estate Trustee for the Estate of Darlene June Stubbs, pursuant to s. 74(2)(a) of the Mining Act.
b. The Tribunal further directs that the “Pending Proceedings” notations, recorded on the abstracts of Boundary Cell Mining Claims 101756, 116236, 116264, 116266, 127450, 191773, 196297, 217114 and 284397 and Single Cell Mining Claim 262937 be and are hereby removed from the abstracts of the aforementioned Boundary and Cell Mining Claims pursuant to s. 64(4.1) of the Mining Act.
c. The Tribunal further directs that the time for the performance and filing of the next unit(s) of assessment work due on or before September 17, 2020, on Boundary Cell Mining Claims 101756, 116236, 116264, 116266, 127450, 196297 and 217114 and Single Cell Mining Claim 262937 be and is hereby extended to December 31, 2024, pursuant to s. 74(2)(b) of the Mining Act.
d. The Tribunal further directs that the time for the performance and filing of the next unit(s) of assessment work due on or before October 4, 2020 on Boundary Cell Mining Claims 191773 and 284397, be and is hereby extended to December 31, 2024, pursuant to s. 74(2)(b) of the Mining Act.
e. The Tribunal further directs that a copy of this Order shall be forwarded to the Provincial Mining Recorder who is hereby directed to amend the records in the Provincial Recording Office as necessary and in accordance with s. 129(4) of the Mining Act.
“C. Hardy”
C. HARDY
MEMBER
If there is an attachment referred to in this document,
please visit www.olt.gov.on.ca to view the attachment in PDF format.
Mining and Lands Tribunal
A constituent tribunal of Ontario Land Tribunals
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
SCHEDULE A
Darlene Stubbs –
Boundary and Cell Mining Claims
Tyrrell Township, Larder Lake Mining Division
Tenure ID
Tenure %
Tenure Type
Anniversary Date
New Anniversary Date
111622
40
Boundary Cell Mining Claim
11/29/2020
N/A
150126
40
Boundary Cell Mining Claim
11/29/2020
N/A
243030
40
Boundary Cell Mining Claim
11/29/2020
N/A
269324
40
Boundary Cell Mining Claim
11/29/2020
N/A
340938
40
Boundary Cell Mining Claim
11/29/2020
N/A
101756
100
Boundary Cell Mining Claim
09/17/2020
December 31, 2024
116236
100
Boundary Cell Mining Claim
09/17/2020
December 31, 2024
116264
100
Boundary Cell Mining Claim
09/17/2020
December 31, 2024
116266
100
Boundary Cell Mining Claim
09/17/2020
December 31, 2024
127450
100
Boundary Cell Mining Claim
09/17/2020
December 31, 2024
191773
100
Boundary Cell Mining Claim
10/04/2020
December 31, 2024
196297
100
Boundary Cell Mining Claim
09/17/2020
December 31, 2024
217114
100
Boundary Cell Mining Claim
09/17/2020
December 31, 2024
262937
100
Single Cell Mining Claim
09/17/2020
December 31, 2024
284397
100
Boundary Cell Mining Claim
10/04/2020
December 31, 2024