ISSUE DATE: November 26, 2024
CASE NO(S).: OLT-23-000920
PROCEEDING COMMENCED UNDER section 196 of the Mining Act, R.S.O. 1990, c. M. 14, as amended
Applicant: Gordon Roy John Harten and Laura Grace Harten
Respondents: Reynolds Sifferath Kosloskey, Charles Rudolph Kosloskey, Viola Marie Kosloskey, Estate of James Ralph Kosloskey
Description: Application for a vesting order for non-payment of taxes by delinquent co-owners
Property Description: PCL 1613 SEC AWS; PT TWP OF ABOTOSSAWAY AS IN LT17734; S/T RESERVATIONS IN LT17734; S/T RIGHT IN LT17734; DISTRICT OF ALGOMA
Municipality/Upper Tier: Township of Abotossaway/District of Algoma
OLT Case No.: OLT-23-000920
OLT Lead Case No.: OLT-23-000920
OLT Case Name: Harten v. Kosloskey
Heard: In writing
| Parties | Representative |
|---|---|
| Gordon Roy John Harten | Self-Represented |
| Laura Grace Harten | |
| Reynolds Sifferath Kosloskey | Did Not Appear |
| Charles Rudolph Kosloskey | Did Not Appear |
| Viola Marie Kosloskey | Did Not Appear |
| Estate of James Ralph Kosloskey | Did Not Appear |
DECISION DELIVERED BY C. HARDY AND ORDER OF THE TRIBUNAL
BACKGROUND
1This application was received by the Tribunal on September 22, 2023, by Gordon Roy John Harten. Mr. Harten and his wife, Laura Grace Harten (together, referred to as “Applicant”), are the recorded holders of a 75% interest as joint tenants in Parcel 1613, bearing PIN No. 31139-0027 (LT), in the Township of Abotossaway, in the District of Algoma (“Parcel”).
2Reynolds Sifferath Kosloskey, Charles Rudolph Kosloskey, Viola Marie Kosloskey and the Estate of James Ralph Kosloskey (together, referred to as “Respondent”) are together the recorded holders of a total 25% interest in the Parcel.
3The application was for an order vesting the interest of the delinquent co-owners, the Respondent, in the Applicant because the Respondent had not contributed any of their 25% share of the taxes on the Parcel since 2019, totalling $88.41.
4The Tribunal issued an Order on May 27, 2024, requiring payment by the Respondent to the Applicant of $88.41 (Canadian dollars), which is their proportionate share of the mining land tax, plus interest from the date of the Order calculated in accordance with s. 196(1) of the Mining Act, R.S.O. 1990, c. M. 14, as amended (“Mining Act”).
5The Order was served on the Respondent by placing an advertisement in the Northern Miner, with proof of publication provided to the Tribunal on October 22, 2024.
6The Respondent did not file a dispute with the Tribunal within the meaning of s. 196(4) of the Mining Act, nor did they pay the amount owing and ordered to the Applicant.
7The Tribunal was satisfied that, in accordance with the requirements of s. 196(1) of the Mining Act, the payment had been made by the Applicant of all mining land tax owing on the Parcel from 2019 to the date of this application.
8The Tribunal is satisfied that the Applicant has complied with the requirements for making an application pursuant to s. 196 of the Mining Act, R.S.O. 1990, c. M.14, as amended.
ORDER
9The Tribunal directs that the interest of Reynolds Sifferath Kosloskey, Charles Rudolph Kosloskey, Viola Marie Kosloskey and the Estate of James Ralph Kosloskey, together being the recorded holders of all surface and mining rights in Parcel 1613, bearing PIN No. 31139-0027 (LT), in the Township of Abotossaway, in the District of Algoma, be and is hereby vested in Gordon Roy John Harten and Laura Grace Harten, pursuant to s. 196(5) of the Mining Act.
10The Tribunal further directs the Applicant to file this Order in the Land Registry Office and with the Provincial Mining Recorder.
“C. Hardy”
C. HARDY
VICE-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.