ISSUE DATE: July 16, 2024
CASE NO.: OLT-24-000650
PROCEEDING COMMENCED UNDER subsection 74(2) of the Mining Act, R.S.O. 1990, c. M. 14, as amended
Applicant: Kyra Ellen Pyke
Subject: Application to vest the Mining Claim interests of Dale Randolph Pyke, deceased
Boundary and Cell Mining Claims: See Schedule A attached and forming part of this Order
Area/Mining Division: See Schedule A attached and forming part of this Order
OLT Case No.: OLT-24-000650
OLT Lead Case No.: OLT-24-000650
OLT Case Name: Pyke Estate
Heard: In writing
| Parties | Counsel |
|---|---|
| Estate of Dale Pyke, by its Estate Trustee Kyra Ellen Pyke | Ronald Tuy |
DECISION DELIVERED BY C. HARDY AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND TO THE APPLICATION
1This Decision and Order deals with a Tribunal-initiated Order of pending proceedings pursuant to a request received (as outlined below in paragraph 2) from Kyra Ellen Pyke (“Applicant”) as the Appointed Executrix and Estate Trustee of Dale Pyke, also known as Dale Randolph Pyke. Mr. Pyke died on March 21, 2023 and, at the time of his death, was listed with the Ministry of Energy, Northern Development and Mines (“Ministry”) as the recorded holder of 100% interest in 22 unpatented mining claims and one mining lease (“mining claims”) all of which are situated in the mining division of Porcupine as outlined in Schedule A attached hereto.
2The Applicant first contacted the Ontario Land Tribunal (“Tribunal”) on June 6, 2024, submitting information relating to the mining claims and the death of Mr. Pyke. The Applicant filed an application for an Order of the Tribunal pursuant to s. 74(2) of the Mining Act, R.S.O. 1990, c. M.14, as amended (“Act”) requesting a vesting order relating to mining claims and a further Order pursuant to s. 185 of the Act requesting Relief from Forfeiture.
3The Tribunal received confirmation from the Ministry that as of the date of issuance of this Order, the nine mining claims with anniversary dates of July 4, 2024 (“Cancelled Mining Claims”) as shown on Schedule A have been registered by another Party. Resultingly, this Order is limited to the remaining 13 mining claims with anniversary dates of July 13, 2024 (“Active Mining Claims”) as shown on Schedule A.
4As a result of the truncated time period between the Tribunal’s receipt of the Applicant’s request and the anniversary dates, the Applicant requested a Relief from Forfeiture Order from the Tribunal pursuant to s. 185 of the Act. The Tribunal is unable to grant such request as the power inherent in s. 185 of the Act is limited to the Minister of Mines, not the Tribunal. As such, the Tribunal will exercise its discretion under s. 64(2.1) of the Act and consider an Order of pending proceedings with respect to the Active Mining Claims.
APPLICATION MATERIALS
5The Tribunal received the following documents, in electronic format, in support of the application:
a. The application to the Tribunal (Appeal Form) requesting a Vesting Order pursuant to s. 74;
b. Affidavit of Kyra Ellen Pyke sworn June 25, 2024;
c. Funeral Directors Statement of Death of the Claim Holder dated March 21, 2023 (“Death Certificate”);
d. Notarial Copy of the Certificate of Appointment of Estate Trustee with a Will (“Certificate of Appointment”) in the Estate of Dale Pyke, issued by the Ontario Superior Court of Justice on March 12, 2024, together with the Last Will and Testament of Dale Pyke;
e. Affidavit of Sandra Pyke dated June 25, 2024; and,
f. Copy of Client Report for Dale Pyke (Client No. 184975) received by the Applicant.
REVIEW OF EVIDENCE
6The Applicant commenced an Application to the Tribunal filing an Appeal Form requesting a vesting order and Relief from Forfeiture on June 25, 2024. The proceeding relating to the vesting order is currently pending before the Tribunal.
7In support of the Application for a vesting order, the Applicant filed a Client Report for Dale Pyke listing 22 mining claims held by Dale Pyke. As noted above, as of the date of issuance of this Order, the nine Cancelled Mining Claims had already been registered by another Party and the remaining 13 Active Mining Claims had not yet been registered by another Party.
DISCUSSION
8Section 64(2.1) of the Act allows the Tribunal to make the following Order:
Proceeding pending before Tribunal
(2.1) Where any proceeding that may be brought before the Tribunal or any appeal from a decision of a recorder is pending before the Tribunal, the Tribunal may make an order requiring a recorder to make a note of the pending proceeding on the applicable mining claim abstracts.
9In order to make an Order of pending proceedings, pursuant to this section of the Act, the Tribunal must, in this case, be satisfied that:
a. a proceeding has been commenced by the Applicant before the Tribunal;
b. the proceeding remains undetermined by the Tribunal and therefore pending;
c. the proceeding advances some manner of claim relating to the holder of the mining claims, claiming an interest in the mining claims; and,
d. the mining claims form part of the Estate of Dale Pyke, which is the subject matter of the action pending before the Tribunal and identified in this Application for an Order Pending Proceedings.
10Based on the facts as outlined above, the Tribunal confirms that a proceeding has been commenced by the Applicant for a Vesting Order relating to the mining claims which remains pending, having only been commenced on June 25, 2024.
11Upon a review of the Affidavit of Kyra Ellen Pyke, the Tribunal is satisfied that the proceeding before the Tribunal relates to the claim by the Applicant to an interest in the mining claims as listed in Schedule A to this Order, which were owned by Dale Pyke at the time of his death.
12The Tribunal finds that it is permitted by the Act to issue an Order that a Note of Pending Proceedings be registered against the Active Mining Claims held by Dale Pyke pursuant to s. 64(2.1) of the Act.
13It will remain for the Applicant to establish to the Tribunal that it has a right to the Vesting Order relating to all or part of the mining claims.
ORDER
14THE TRIBUNAL ORDERS THAT the Provincial Mining Recorder make a Note of “Pending Proceedings” on the abstracts of the mining claims identified in Schedule A to this Order with an anniversary date of July 13, 2024, nunc pro tunc, to be effective retroactively from, and as of, June 25, 2024. The Note of Pending Proceedings shall remain on the abstracts until such time as the aforementioned proceeding has been determined by an Order of the Ontario Land Tribunal, is dismissed, or is withdrawn, or alternatively, upon an Order of the Ontario Land Tribunal for removal in accordance with s. 64(4.1) of the Mining Act.
15THE TRIBUNAL FURTHER DIRECTS THAT a copy of this Order shall be forwarded to the Provincial Mining Recorder’s Office, in accordance with s. 64(2.3) of the Mining Act and the provincial Mining Recorder is hereby directed to amend the records in the Recorder’s Office as necessary and in accordance with s. 129(4) of the Mining Act.
“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.
SCHEDULE A
| Tenure ID | Anniversary Date | Tenure Type | Registered Holder | Tenure Percentage | Mining Division | Township / Area |
|---|---|---|---|---|---|---|
| 122232 | 04-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE |
| 341807 | 04-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE |
| 254951 | 04-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE |
| 141102 | 04-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE |
| 199841 | 04-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE |
| 187628 | 04-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE |
| 199856 | 04-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE |
| 124557 | 04-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE |
| 188026 | 04-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE |
| 217202 | 13-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE, MOUNTJOY |
| 181843 | 13-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE, MOUNTJOY |
| 168402 | 13-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE, MOUNTJOY |
| 283836 | 04-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE |
| 105133 | 04-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE |
| 283835 | 04-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE |
| 181989 | 04-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | TISDALE |
| 272406 | 13-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | MOUNTJOY |
| 187382 | 13-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | MOUNTJOY |
| 291242 | 13-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | MOUNTJOY |
| 237277 | 13-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | MOUNTJOY |
| 235214 | 13-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | MOUNTJOY |
| 135374 | 13-Jul-2024 | Single Cell Mining Claim | DALE PYKE (184975) | 100 | Porcupine | MOUNTJOY |