Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
December 11, 2023
CASE NO(S).:
OLT-22-003504
PROCEEDING COMMENCED UNDER subsection 64 of the Mining Act, R.S.O. 1990, c. M.14, as amended
Applicant/Requestor:
Skead Holdings Ltd.
Subject:
Request of a party to a proceeding pending before the Ontario Superior Court of Justice for an order confirming the proceeding is pending and requiring the Provincial Mining Recorder to make a note of the pending proceeding on the applicable mining claim abstracts
Mining Claims:
See Schedule “A” to this Order
OLT Case No.:
22-003504
OLT Case Name:
Skead Holdings Ltd. v. Fancamp Exploration Ltd.
Heard:
December 04, 2023 in writing
APPEARANCES:
Parties
Counsel
Skead Holdings Ltd.
Hugh MacDonald
DECISION DELIVERED BY C. HARDY AND ORDER OF THE TRIBUNAL
BACKGROUND
1This Decision and Order deals with a request received from Skead Holdings Ltd. (“Skead”) on August 28, 2023 for an Order of the Tribunal as follows:
a) the cancellation of the “pending proceedings” notation from the abstracts of 81 mining claim abstracts held by Fancamp Exploration Ltd. (“Mining Claims”) pursuant to s. 64(4.1) of the Mining Act, R.S.O. 1990, c. M.14 (“Mining Act”).
b) an exclusion of time from the time period within which work on the affected Mining Claims must be performed or reported, pursuant to s. 64(5) of the Mining Act for the period of time during which the “pending proceedings” notice was in effect.
c) an extension of time for one year from the date of this Order for the performance and filing of the next or any prescribed unit of assessment work to be performed or reported or both or by which payment in place of assessment work must be made on the Mining Claims, pursuant to s. 64(5) of the Mining Act (together referred to as “Requests”).
2The Appearance of Skead in the Requests before the Tribunal was limited to the content of the emails and correspondence forwarded to the Tribunal relating to the Requests.
3The initial application for an Order of Pending Proceedings in the Ontario Superior Court of Justice Divisional Court to be placed on the abstracts for the subject Mining Claims was received by the Tribunal on April 25, 2022.
4The Order was granted by the Tribunal pursuant to s. 64(2.2) of the Mining Act on May 20, 2022. The Tribunal ordered that a notice of pending proceedings be noted on the abstracts of the Mining Claims identified in Schedule A of the Order.
5The notation of “pending proceedings” was subsequently placed on the abstracts of the Mining Claims pursuant to the Tribunal’s Order issued on May 20, 2022, to be effective nunc pro tunc as of April 14, 2022, the date when the proceedings involving the Parties had commenced in the Ontario Superior Court of Justice (Court File No. 28906/22).
6The Order of the Tribunal provided that the Notice of Pending Proceedings before the Ontario Superior Court of Justice was to remain on the abstracts of the identified Mining Claims until the aforementioned proceeding “has been determined by an Order of the Ontario Superior Court of Justice, is dismissed, or is withdrawn, or alternatively upon Order of the Tribunal for removal in accordance with s. 64(4.1) of the Mining Act”.
7The Parties to the proceeding in Court File No. 28906/22 filed a Consent to the dismissal of the proceedings without costs dated August 14, 2023. The Registrar of the Ontario Superior Court of Justice in Court File No. 28906/22 dismissed the proceeding without costs by Order dated August 16, 2023.
8On August 28, 2023, Hugh MacDonald, on behalf of Skead, submitted a request to the Tribunal by letter for an Order relating to the Requests. On October 2, 2023, a response was also received from Michael D. Magonet, Counsel representing Fancamp Exploration Ltd., indicating that there is no objection to the approach being taken by Mr. MacDonald in the letter, dated August 28, 2023.
DISCUSSION
9The Tribunal has the requisite jurisdiction to deal with the Requests made by Skead pursuant to s. 64(4.1) and s. 64(5) of the Mining Act.
10The Tribunal is satisfied that the Ontario Superior Court of Justice has issued an Order dismissing the proceeding which gave rise to the original Order of the Tribunal dated May 20, 2022. As such, the proceeding has accordingly been dismissed and the Notice of Pending Proceedings upon the listed Mining Claims in the abstract is no longer required.
11Skead also requested that the Tribunal exclude the time during which the pending proceedings notation was on the abstracts of the Mining Claims from the computation of time within which work on the Mining Claims must be performed or reported. The Tribunal will exercise its discretion pursuant to s. 64(5) of the Mining Act and grant the exclusion of time from the computation of time for performance and reporting of work for the period from the commencement of the Court proceedings on April 14, 2022 up until the Court Order dismissing the proceedings on August 16, 2023.
12Skead further requested an extension of time within which work on the Mining Claims is to be performed or reported, based upon an exclusion of the time period during which the “pending proceedings” was in effect. The Tribunal will exercise its discretion under s. 64(5) of the Mining Act and will grant the extension of time and fix a new date of December 31, 2024, by which time the next unit(s) of prescribed assessment work must be performed and filed on the Mining Claims.
ORDER
13The Tribunal Orders that the notice of “pending proceedings” which was recorded on the abstracts of the Mining Claims listed in Schedule “A” to this Order, effective as of April 14, 2022, be, and the same are hereby, cancelled pursuant to s. 64(4.1) of the Mining Act.
14The Tribunal further directs that a part of the time during which the abstracts of the Mining Claims were under “pending proceedings”, being the time from April 14, 2022 to August 16, 2023 inclusive, be excluded in computing time within which work must be performed and filed pursuant to s. 64(5) of the Mining Act. Upon that direction and exercising its discretion, the Tribunal Orders that the date by which the next unit(s) of prescribed assessment work must be performed and filed on the Mining Claims listed in Schedule “A” to this Order, shall be extended and set at December 31, 2024.
15The Tribunal further directs that, pursuant to s. 129(4) of the Mining Act, a copy of this Order shall be forwarded to the Provincial Mining Recorder and the Recorder’s office shall, upon receipt of this Order, cancel the Notice of Pending Proceedings previously placed upon the abstracts of the Mining Claims, and notify all interested persons of the cancellation in the prescribed manner pursuant to ss. 64(4.1) and 64(4.2) of the Mining Act.
“C. Hardy”
c. hardy
MEMBER
Ontario Land Tribunal
Website: 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.
Schedule A
MINING CLAIM
DUE DATE
NEW DUE DATE
1
103587
15-Dec-2022
31-Dec-2024
2
104403
29-Jun-2022
31-Dec-2024
3
104549
27-May-2023
31-Dec-2024
4
107395
07-Dec-2022
31-Dec-2024
5
118495
27-May-2023
31-Dec-2024
6
118496
27-May-2023
31-Dec-2024
7
118497
27-May-2023
31-Dec-2024
8
118498
27-May-2023
31-Dec-2024
9
119588
01-Feb-2023
31-Dec-2024
10
119589
01-Feb-2023
31-Dec-2024
11
129715
27-May-2023
31-Dec-2024
12
129716
27-May-2023
31-Dec-2024
13
129717
27-May-2022
31-Dec-2024
14
139551
07-Dec-2022
31-Dec-2024
15
146299
27-May-2022
31-Dec-2024
16
146300
27-May-2023
31-Dec-2024
17
157004
29-Jun-2022
31-Dec-2024
18
157664
27-May-2022
31-Dec-2024
19
157665
27-May-2022
31-Dec-2024
20
163082
29-Jun-2022
31-Dec-2024
21
163083
29-Jun-2022
31-Dec-2024
22
163742
01-Feb-2023
31-Dec-2024
23
163746
27-May-2022
31-Dec-2024
24
174093
07-Dec-2022
31-Dec-2024
25
176464
29-Jun-2022
31-Dec-2024
26
176465
29-Jun-2022
31-Dec-2024
27
177136
01-Feb-2023
31-Dec-2024
28
177140
27-May-2022
31-Dec-2024
29
177141
27-May-2022
31-Dec-2024
30
180560
15-Dec-2022
31-Dec-2024
31
180561
15-Dec-2022
31-Dec-2024
32
180562
15-Dec-2022
31-Dec-2024
33
191885
01-Feb-2023
31-Dec-2024
34
192844
27-May-2022
31-Dec-2024
35
193145
27-May-2022
31-Dec-2024
36
194380
27-May-2022
31-Dec-2024
37
194381
27-May-2022
31-Dec-2024
38
222388
29-Jun-2022
31-Dec-2024
39
222389
29-Jun-2022
31-Dec-2024
40
222390
29-Jun-2022
31-Dec-2024
41
222391
29-Jun-2022
31-Dec-2024
42
223015
01-Feb-2023
31-Dec-2024
43
228139
27-May-2022
31-Dec-2024
44
228850
07-Dec-2022
31-Dec-2024
45
229839
29-Jun-2022
31-Dec-2024
46
240221
07-Dec-2022
31-Dec-2024
47
241492
27-May-2022
31-Dec-2024
48
242539
29-Jun-2022
31-Dec-2024
49
243196
01-Feb-2023
31-Dec-2024
50
243202
27-May-2022
31-Dec-2024
51
243203
27-May-2022
31-Dec-2024
52
258961
01-Feb-2023
31-Dec-2024
53
259034
29-Jun-2022
31-Dec-2024
54
259688
01-Feb-2023
31-Dec-2024
55
271823
15-Dec-2022
31-Dec-2024
56
276995
15-Dec-2022
31-Dec-2024
57
277601
29-Jun-2022
31-Dec-2024
58
277602
29-Jun-2022
31-Dec-2024
59
282413
15-Dec-2022
31-Dec-2024
60
287331
07-Dec-2022
31-Dec-2024
61
288120
27-May-2022
31-Dec-2024
62
296125
27-May-2022
31-Dec-2024
63
296126
27-May-2022
31-Dec-2024
64
296464
29-Jun-2022
31-Dec-2024
65
297144
27-May-2022
31-Dec-2024
66
307554
07-Dec-2022
31-Dec-2024
67
315579
27-May-2022
31-Dec-2024
68
315580
27-May-2022
31-Dec-2024
69
325636
29-Jun-2022
31-Dec-2024
70
325637
29-Jun-2022
31-Dec-2024
71
326278
27-May-2022
31-Dec-2024
72
329697
15-Dec-2022
31-Dec-2024
73
329698
15-Dec-2022
31-Dec-2024
74
337495
29-Jun-2022
31-Dec-2024
75
337496
29-Jun-2022
31-Dec-2024
76
338150
27-May-2022
31-Dec-2024
77
537410
18-Dec-2022
31-Dec-2024
78
537411
18-Dec-2022
31-Dec-2024
79
537412
18-Dec-2022
31-Dec-2024
80
551036
04-Jun-2022
31-Dec-2024
81
551037
04-Jun-2022
31-Dec-2024