Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 18, 2023

CASE NO(S).: OLT-23-000199

PROCEEDING COMMENCED UNDER subsection 74(2)(a) of the Mining Act, R.S.O. 1990, c. M.14, as amended

Applicant: Karen Lynn Siltamaki in her capacity as sole Executrix and Trustee for the Estate of Aki Kalervo Siltamaki

Subject: Application to vest the Mining Claim interests of Aki Kalervo Siltamaki, deceased, in Karen Lynn Siltamaki in her capacity as sole Executrix and Trustee for the Estate of Aki Kalervo Siltamaki

Boundary and Cell Mining Claims: See “Schedule A” attached and forming part of this Order

Townships/Areas: See “Schedule A” attached and forming part of this Order

OLT Case No.: OLT-23-000199

OLT Case Name: Siltamaki Estate

Heard: In writing

APPEARANCES:

Parties	Representative
Karen Lynn Siltamaki	Self-represented

DECISION DELIVERED BY G.C.P. BISHOP AND ORDER OF THE TRIBUNAL

INTRODUCTION AND APPLICATION

1Aki Kalervo Siltamaki died on October 12, 2022. Mr. Siltamaki, Client No. 194389 with the Ministry of Mines, as he is now identified, is listed as the recorded holder of a 100% interest in the 36 subject Boundary Cell, Single Cell and Multi Cell Mining Claims and a 50% interest in the 27 subject Boundary Cell, Single Cell and Multi Cell Mining Claims, which Claims are situated in multiple areas, (as outlined in Schedule A attached hereto) in the Thunder Bay Mining Division (“Mining Claims”).

2An application under s. 74(2)(a) of the Mining Act for a vesting order with supporting documentation was received from Karen Lynn Siltamaki (“Applicant”), sole Executrix and Trustee of the Estate of Aki Kalervo Siltamaki, by the Ontario Land Tribunal (“Tribunal”) on March 20, 2023, with further supporting documentation, in the form of an Affidavit, received on March 31, 2023.

3The Applicant had initially, in her application letter and in her Affidavit, requested that the Tribunal extend the time for performing the assessment work, or making payments in place of the assessment work required, pursuant to s. 65 of the Mining Act on 4 of the Mining Claims. Since then, in writing, the Applicant has informed the Tribunal that she is not requesting an order to extend time for any of the Mining Claims.

APPLICATION MATERIALS

4Between March 20, 2023 and March 31, 2023, the Tribunal received the following documentation, in electronic format, in support of the Application:

1. The Application – OLT Form A1 and Accompanying Checklist.
2. Funeral Director Proof of Death Certification of the Claim Holder, Aki Kalervo Siltamaki dated October 13, 2022, confirming that Mr. Siltamaki died in Thunder Bay, Ontario, on October 12, 2022.
3. Certificate of Marriage, Licence No. 872834, issued on September 18, 1991, for the marriage, that took place on September 27, 1991, between Aki Kalervo Siltamaki and Karen Lynn Siltamaki (née Wiitala).
4. A notarial copy of the Last Will and Testament of Aki Kalervo Siltamaki, dated July 12, 2010.
5. Client Report, supplied by the Applicant, listing the Mining Claims and interests registered in the name of Aki Siltamaki. Such Claims were subsequently supplied by the Ministry of Mines, directly to the Tribunal, on March 27, 2023.
6. The Affidavit of Karen Lynn Siltamaki sworn on March 31, 2023, in relation to the Mining Claims held by her deceased husband, Aki Kalervo Siltamaki (the “Claim Holder”).
7. An email dated April 6, 2023, from the Applicant, stating that no extension of time to any of the Mining Claims is required.

THE DISCREPANCY IN THE NAME OF THE CLAIM HOLDER

5All of the initial submissions from the Applicant consistently refer to the deceased as “Aki Kalervo Siltamaki” whereas the Client Report refers to the Claim Holder as “Aki Siltamaki”. Through the subsequent Affidavit of the Applicant, sworn on March 31, 2023, and the supporting documentation, including government registrations and the Last Will and Testament, the Tribunal is satisfied that “Aki Kalervo Siltamaki” is one and the same person as “Aki Siltamaki”, the registered Claim Holder of the subject Mining Claims in the records of the Mining Recorder.

THE EVIDENCE IN SUPPORT OF THE APPLICATION

6The following evidence is before the Tribunal and contained in the above materials:

a. The Ministry of Mines Records confirm that the Claim Holder Aki Siltamaki, one and the same person as Aki Kalervo Siltamaki, held either a 50% interest or a 100% interest in the Mining Claims listed in Schedule A, attached to this Decision. b. The Claim Holder died on October 12, 2022, having executed a Last Will and Testament (“Will”) on July 12, 2010. c. Under his Will, the Claim Holder appointed his spouse, Karen Lynn Siltamaki, to be the sole Executrix and Trustee of his Estate. d. The Claim Holder’s interest in all of the real and personal property was given, devised and bequeathed to his spouse, Karen Lynn Siltamaki, for her own sole use and benefit absolutely. e. The Claim Holder’s Will does not provide for, and direct the bequest of, any personal property, real estate assets, including the Mining Claims, to any identified beneficiary, other than Karen Lynn Siltamaki, who survived the Claim Holder and receives all such property for her own sole use and benefit absolutely pursuant to the Will. f. Although no application for Certificate of Appointment of Estate Trustee or Small Estate Certificate has been made with respect to the Estate of Aki Kalervo Siltamaki, for the purposes of administrating the assets of the Estate, Ms. Siltamaki, in her sworn Affidavit, attests that: the Last Will and Testament of Aki Kalervo Siltamaki filed with the Tribunal has not been revoked; no other Codicil or Will was executed by him after that Will was executed by him on July 12, 2010, and that Will is accordingly his Last Will and Testament; no application for a Certificate of Appointment of Estate Trustee or Small Estate Certificate has been made in the Province of Ontario, or any Province, for the purposes of administering the debts of the Claim Holder; and all the debts and liabilities of Aki Kalervo Siltamaki have been paid in full and there are no other liabilities of the deceased including any liability to Canada Revenue Agency.

7The Tribunal has considered the sworn evidence of the Applicant and is prepared to exercise its discretion and accept such evidence without the necessity of a Certificate of Appointment of Estate Trustee or Small Estate Certificate. The Tribunal finds that the Application materials, documentation and sworn Affidavit of the Applicant provided to the Tribunal supports the vesting of the deceased’s interest in the Mining Claims. In accordance with the Last Will and Testament of Aki Kalervo Siltamaki, Karen Lynn Siltamaki, as the Estate Trustee, is entitled to the Order sought. The Tribunal will grant the Application, and the interest of Mr. Siltamaki will vest in, and be transferred to, Karen Lynn Siltamaki in her capacity as the sole beneficiary of the Estate of Aki Kalervo Siltamaki.

8Anniversary dates, for the performance and filing of prescribed assessment work, of 5 of the Mining Claims were in the month of April 2023. The Tribunal notes that the Applicant was originally seeking an extension of time on 4 of these 5 Mining Claims pursuant to s. 65 of the Mining Act. These are Multi Cell Mining Claims 672288, 672121, 672124 and 585222. Further correspondence from the Applicant has informed the Tribunal that she is no longer seeking an extension of time and is aware that these Mining Claims will be lost.

ORDER

9The Tribunal directs that all of the interests of Aki Kalervo Siltamaki, also known as Aki Kalervo, deceased, in the Boundary Cell, Single Cell and Multi Cell Mining Claims, as set out in Schedule “A” to this Order, be and are hereby vested in the name of Karen Lynn Siltamaki, pursuant to s. 74(2)(a) of the Mining Act.

10A copy of this Order shall be forwarded by the Tribunal to each of the other co-owners of the Mining Claims, being Jari Siltamaki (Client No. 407788), Howard Todd Pilsmaker (Client No. 215660), Auralite 23 Mine & Company Inc. (Client No. 10006347), Allan Edward Hietapakka (Client No. 392823) and Raymond Arthur Hietapakka (Client No. 144233), respectively.

11The 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.

“G.C.P. Bishop”

g.c.p. bishop ALTERNATE-CHAIR

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.

SCHEDULE A

Aki Siltamaki (194389) Boundary and Cell Mining Claims

Township / Area	Tenure ID	Tenure Type	Anniversary Date	New Anniversary Date
TARTAN LAKE AREA	107861	Single Cell Mining Claim	14-Jun-2027	N/A
TARTAN LAKE AREA	133982	Boundary Cell Mining Claim	24-Nov-2027	N/A
TARTAN LAKE AREA	137792	Single Cell Mining Claim	05-May-2027	N/A
RIGHTANGLE LAKE AREA	138613	Boundary Cell Mining Claim	13-Aug-2026	N/A
RIGHTANGLE LAKE AREA	138614	Single Cell Mining Claim	13-Aug-2026	N/A
RIGHTANGLE LAKE AREA	139906	Boundary Cell Mining Claim	13-Aug-2026	N/A
TARTAN LAKE AREA	142827	Single Cell Mining Claim	14-Jun-2027	N/A
TARTAN LAKE AREA	142828	Single Cell Mining Claim	14-Jun-2027	N/A
TARTAN LAKE AREA	157339	Boundary Cell Mining Claim	05-May-2027	N/A
RIGHTANGLE LAKE AREA	158613	Single Cell Mining Claim	13-Aug-2026	N/A
MAX LAKE AREA	160418	Single Cell Mining Claim	04-Nov-2023	N/A
RIGHTANGLE LAKE AREA	164717	Single Cell Mining Claim	13-Aug-2026	N/A
TARTAN LAKE AREA	164761	Single Cell Mining Claim	26-Nov-2027	N/A
TARTAN LAKE AREA	164762	Single Cell Mining Claim	26-Nov-2027	N/A
MAX LAKE AREA	166470	Single Cell Mining Claim	04-Nov-2023	N/A
TARTAN LAKE AREA	188012	Single Cell Mining Claim	01-May-2027	N/A
RIGHTANGLE LAKE AREA	194014	Boundary Cell Mining Claim	13-Aug-2026	N/A
TARTAN LAKE AREA	211604	Single Cell Mining Claim	26-Nov-2027	N/A
MAX LAKE AREA	213108	Single Cell Mining Claim	04-Nov-2023	N/A
TARTAN LAKE AREA	217613	Single Cell Mining Claim	31-May-2027	N/A
TARTAN LAKE AREA	234804	Boundary Cell Mining Claim	24-Nov-2027	N/A
MAX LAKE AREA	236475	Single Cell Mining Claim	27-Jul-2023	N/A
TARTAN LAKE AREA	238597	Single Cell Mining Claim	13-Jul-2027	N/A
MAX LAKE AREA	241773	Single Cell Mining Claim	04-Nov-2023	N/A
RIGHTANGLE LAKE AREA	247317	Boundary Cell Mining Claim	13-Aug-2026	N/A
RIGHTANGLE LAKE AREA	247318	Boundary Cell Mining Claim	13-Aug-2026	N/A
RIGHTANGLE LAKE AREA	247319	Single Cell Mining Claim	13-Aug-2026	N/A
MAX LAKE AREA	247376	Single Cell Mining Claim	24-Nov-2023	N/A
MAX LAKE AREA	247377	Single Cell Mining Claim	24-Nov-2023	N/A
RIGHTANGLE LAKE AREA	259295	Single Cell Mining Claim	13-Aug-2026	N/A
TARTAN LAKE AREA	264037	Boundary Cell Mining Claim	24-Nov-2027	N/A
RIGHTANGLE LAKE AREA	268011	Single Cell Mining Claim	13-Aug-2026	N/A
TARTAN LAKE AREA	275948	Single Cell Mining Claim	05-May-2027	N/A
TARTAN LAKE AREA	275950	Single Cell Mining Claim	05-May-2027	N/A
TARTAN LAKE AREA	284597	Single Cell Mining Claim	14-Jun-2026	N/A
MAX LAKE AREA	294593	Single Cell Mining Claim	24-Nov-2023	N/A
RIGHTANGLE LAKE AREA	306579	Boundary Cell Mining Claim	13-Aug-2026	N/A
RIGHTANGLE LAKE AREA	307887	Boundary Cell Mining Claim	13-Aug-2026	N/A
RIGHTANGLE LAKE AREA	314625	Single Cell Mining Claim	13-Aug-2026	N/A
TARTAN LAKE AREA	318582	Boundary Cell Mining Claim	24-Nov-2027	N/A
TARTAN LAKE AREA	318596	Boundary Cell Mining Claim	13-Jul-2027	N/A
TARTAN LAKE AREA	325287	Boundary Cell Mining Claim	31-May-2027	N/A
RIGHTANGLE LAKE AREA	326621	Single Cell Mining Claim	13-Aug-2026	N/A
TARTAN LAKE AREA	327942	Single Cell Mining Claim	26-Nov-2027	N/A
RIGHTANGLE LAKE AREA	331636	Boundary Cell Mining Claim	13-Aug-2026	N/A
TARTAN LAKE AREA	567078	Single Cell Mining Claim	21-Dec-2027	N/A
MAX LAKE AREA	584915	Single Cell Mining Claim	17-Apr-2023	N/A
KASHISHIBOG LAKE AREA	585222	Multi-cell Mining Claim	20-Apr-2023	N/A
MAX LAKE AREA	600755	Multi-cell Mining Claim	24-Jul-2023	N/A
PUDDY LAKE AREA	672121	Multi-cell Mining Claim	17-Apr-2023	N/A
WHITEBIRCH LAKE AREA	672124	Multi-cell Mining Claim	17-Apr-2023	N/A
MAX LAKE AREA	672288	Multi-cell Mining Claim	05-Apr-2023	N/A
TARTAN LAKE AREA	695691	Multi-cell Mining Claim	08-Dec-2024	N/A
WABIKON LAKE AREA	698822	Multi-cell Mining Claim	16-Dec-2023	N/A
WABIKON LAKE AREA	698823	Multi-cell Mining Claim	14-Dec-2023	N/A
WABIKON LAKE AREA	698824	Multi-cell Mining Claim	14-Dec-2023	N/A
WABIKON LAKE AREA	698825	Multi-cell Mining Claim	16-Dec-2023	N/A
WABIKON LAKE AREA	698826	Multi-cell Mining Claim	20-Dec-2023	N/A
WABIKON LAKE AREA	699359	Multi-cell Mining Claim	22-Dec-2023	N/A
WABIKON LAKE AREA	699360	Multi-cell Mining Claim	22-Dec-2023	N/A
MAX LAKE AREA	700528	Multi-cell Mining Claim	09-Jan-2024	N/A
MACGREGOR	716756	Multi-cell Mining Claim	01-Apr-2024	N/A
KITCHEN LAKE AREA	717513	Multi-cell Mining Claim	07-Apr-2024	N/A