Mining and Lands Tribunal
Tribunal des Mines et des Terres
ISSUE DATE:
November 30, 2023
CASE NO.:
OLT-23-000759
PROCEEDING COMMENCED UNDER subsection 74(2)(a) of the Mining Act, R.S.O. 1990, c. M.14, as amended
Applicant:
Tammy Lynn Faykes, in her capacity as Estate Trustee for the Estate of John Montgomery Rundle
Subject:
Application to vest the Mining Claim interests of John Montgomery Rundle, deceased, in Tammy Lynn Faykes, in her capacity as Estate Trustee for the Estate of John Montgomery Rundle
Boundary and Cell Mining Claims:
See “Schedule A” attached and forming part of this Order
Area/Mining Division:
Township of Freeborn/ Thunder Bay
OLT Case No.:
OLT-23-000759
OLT Lead Case No.:
OLT-23-000759
OLT Case Name:
Rundle Estate
Heard:
November 10, 2023, in writing
APPEARANCES:
Parties
Representative
The Estate of John Montgomery Rundle, by the Appointed Estate Trustee
Tammy Lynn Faykes
DECISION DELIVERED BY C. Hardy AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION AND APPLICATION
1This Application to the Tribunal is brought by Tammy Lynn Faykes (“Applicant”), as the Appointed Estate Trustee for the Estate of John Montgomery Rundle (“Claim Holder”). Mr. Rundle died on April 16, 2021 and at the time of his death was listed with the Ministry of Energy, Northern Development and Mines (“Ministry”) as the recorded holder of a 33.4% interest in Boundary Cell Mining Claims 115471 and 226333 and a 33.4% interest in Single Cell Mining Claim 334199 (as outlined in Schedule A attached hereto) all of which are situated in the Township of Freeborn in the Mining Division of Thunder Bay (“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 supporting documentation to the Tribunal on August 9, 2023 and a supporting Affidavit on November 9, 2023 (“Affidavit”).
3The Applicant has requested that the Tribunal extend the time for performing and filing assessment work with respect to the Mining Claims.
APPLICATION MATERIALS
4The Tribunal received the following documents, in electronic format, in support of the Application:
a. The Affidavit of Tammy Lynn Faykes sworn November 9, 2023 in relation to the Mining Claims held by her deceased Father “John Montgomery Rundle”;
b. Funeral Director Proof of Death Certificate of the Claim Holder dated April 19, 2021 (“Death Certificate”); and
c. Notarial Copy of the Certificate of Appointment of Estate Trustee with a Will (“Certificate of Appointment”) in the Estate of John Montgomery Rundle, issued by the Ontario Superior Court of Justice on February 23, 2022 together with the Last Will and Testament of John Montgomery Rundle.
REVIEW OF EVIDENCE
5The Death Certificate states that the Claim Holder died in Atikokan, Ontario on April 16, 2021 having executed a Last Will and Testament on February 3, 2020 (“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 the Applicant as Trustee and Executrix.
7Upon application by the Applicant to the Ontario Superior Court of Justice, a Certificate of Appointment of Estate Trustee was issued to her on February 23, 2022. The Applicant has accordingly been appointed to administer the Estate of the deceased Claim Holder under the Will dated February 3, 2020.
8All of the Claim Holder’s interest in his Estate was given, devised and bequeathed to his Estate Trustee, the Applicant, to be administered in accordance with the terms of his Will.
9The 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.
10Following payment of the Claim Holder’s debts, funeral and testamentary expenses, 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 his three children: the Applicant, Christine Rae Rundle and Kim Allison Campbell in equal shares providing they survive the deceased by 30 days. If any children do not survive the deceased by 30 days, that child’s share shall be delivered to that child’s issue in equal shares per stirpes.
DISPOSITION
11Upon 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 John Montgomery Rundle is granted.
12The Tribunal notes that the Applicant is seeking an extension of time in order to perform and file prescribed assessment work on the Mining Claims pursuant to s. 74(2)(b) of the Mining Act. The Tribunal further notes that the anniversary date for the performance and filing of prescribed assessment work on the Mining Claims is April 4, 2024. As a result of the quickly approaching anniversary dates, the Tribunal will extend the due dates for the performance and filing of prescribed assessment work on the Mining Claims to April 4, 2025.
ORDER
13The Tribunal hereby provides the following Orders and Directives:
a. The interest of the deceased, John Montgomery Rundle, in the Boundary Cell and Single Cell Mining Claims set out in Schedule A to this Order, be and is hereby vested in Tammy Lynn Faykes, in her capacity as Estate Trustee for the Estate of John Montgomery Rundle, pursuant to s. 74(2)(a) of the Mining Act.
b. The Tribunal directs that the time for the performance and filing of the next unit(s) of assessment work due on or before April 4, 2024 on Boundary Cell Mining Claims 115471 and 226333 and Single Cell Mining Claim 334199 be and is hereby extended to April 4, 2025 pursuant to s. 74(2)(b) of the Mining Act.
c. 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
John Montgomery Rundle –
Boundary and Cell Mining Claims
Freeborn Township, Thunder Bay Mining Division
Tenure ID
Tenure %
Tenure Type
Anniversary Date
New Anniversary Date
115471
33.4
Boundary Cell Mining Claim
April 4, 2024
April 4, 2025
226333
33.4
Boundary Cell Mining Claim
April 4, 2024
April 4, 2025
334199
33.4
Single Cell Mining Claim
April 4, 2024
April 4, 2025