Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 03, 2025
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 Application to the Tribunal is brought by Kyra Ellen Pyke (“Applicant”) as the Appointed Executrix and Estate Trustee of Dale Pyke, also known as Dale Randolph Pyke (“Claim Holder”), pursuant to s. 74 of the Mining Act, R.S.O. 1990, c. M.14, as amended (“Mining Act”). The Claim Holder died on March 21, 2023, and at the time of his death was listed with the Ministry of Energy, Northern Development and Mines, now known as The Ministry of Energy and Mines (“Ministry”), as the recorded holder of 100 percent interest in 22 unpatented mining claims (“mining claims”) and one mining lease all of which are situated in the mining division of Porcupine. To be clear, the herein Order only pertains to the mining claims, and not the mining lease.
2The Applicant first contacted the Ontario Land Tribunal (“Tribunal”) on June 6, 2024, submitting information relating to the mining claims and the death of the Claim Holder. The Applicant filed an Application for an Order of the Tribunal pursuant to s. 74(2) of the Mining Act requesting a vesting order relating to mining claims and a further Order pursuant to s. 185 of the Mining Act requesting Relief from Forfeiture. The Relief from Forfeiture provisions pursuant to s. 185 of the Mining Act fall outside of the Tribunal’s jurisdiction, as the powers to provide such relief are specifically granted to the Minister.
3In their Application, the Applicant has requested that the Tribunal extend the time for performing the assessment work or making payments in place of the assessment work.
4The Tribunal received confirmation from the Ministry that the 13 mining claims with anniversary dates of July 4, 2024, had been registered by another Party. The remaining nine mining claims with anniversary dates of July 13, 2024 (“Remaining Mining Claims”) as shown on Schedule A were the subject of an Order of Pending Proceedings which was issued by the Tribunal on July 16, 2024 (“July Order”).
5Subsequent to the Tribunal’s issuance of the July Order, the Ministry contacted the Tribunal and advised that it could not apply the pending proceedings to the Remaining Mining Claims as they were no longer “Active”. Due to the short period of time between the Applicant contacting the Tribunal and the issuance of the July Order, the Remaining Mining Claims were past their due dates when the Ministry received the July Order. As such, they effectively “cancelled”, and the Ministry was unable to apply pending proceedings to the cancelled claims. To protect the claims, the Ministry placed them under a “Withdrawn” status.
6Given the uncertainty surrounding the status of the July Order and to ensure a full and complete record, the Tribunal will Order that the notice of pending proceedings, if applicable, on the Remaining Mining Claims set out in Schedule A be removed pursuant to s. 64(4.1) of the Mining Act.
APPLICATION MATERIALS
7The Tribunal received, inter alia, the following documents, in electronic format, in support of the Application:
a. The Application – OLT Form A1;
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. Client Report issued by the Ministry dated September 11, 2024, listing the Remaining Mining Claims and interests registered in the name of Dale Pyke.
REVIEW OF EVIDENCE
8The following evidence is before the Tribunal, as contained in materials set out in paragraph [7] above:
a. The Ministry Records confirm that the Claim Holder held a 100 percent interest in the Remaining Mining Claims set out in Schedule A.
b. The Claim Holder died on March 21, 2023, having executed a Last Will and Testament dated August 1, 2017, with a Codicil dated June 15, 2021 (collectively referred to as the “Will”).
c. Pursuant to his Will, the Claim Holder appointed Kyra Ellen Pyke to be Executrix and Estate Trustee.
d. The Will contains the requisite clause granting the Trustees the necessary general powers to sell any portion of the estate.
e. Upon Application by the Applicant to the Ontario Superior Court of Justice, a Certificate of Appointment of Estate Trustee was issued to the Applicant on March 12, 2024.
f. All of the Claim Holder’s interest in his Estate was given, devised and bequeathed to his Trustee, the Applicant, to be administered in accordance with the terms of his Will.
g. The Claim Holder’s Will provides for a direct bequest of all personal effects to be transferred to his wife, Sandra Pyke.
h. Following 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 wife, Sandra Pyke.
i. The Affidavit of Sandra Pyke dated June 25, 2024 consents to an Order vesting the Mining Claims in the Applicant in her capacity as Executrix and Trustee.
DISCUSSION
9Based upon the documentation and information provided by the Applicant, the Tribunal finds that the Application to vest the deceased Claim Holder’s interest in the Remaining Mining Claims in the Applicant as Estate Trustee for the Estate of Dale Pyke is granted.
10The Applicant is also seeking an extension of time in order to perform and file prescribed assessment work on the Remaining Mining Claims which had the notation “Withdrawn” placed on the abstracts by the Ministry.
11The Tribunal will exercise its discretion pursuant to s. 64(5) of the Mining Act and will grant an exclusion of time and fix a new anniversary date being one year from the date of issuance of this Order, by which time the next unit(s) of prescribed assessment work must be performed and filed on the Remaining Mining Claims.
ORDER
12The Tribunal hereby provides the following Orders and Directives:
a. The Pending Proceedings notations, if applicable, on the Remaining Mining Claims set out in Schedule A to this Order be and are hereby removed pursuant to s. 64(4.1) of the Mining Act.
b. The interest of the deceased, Dale Pyke, in the Single Cell Mining Claims set out in Schedule A to this Order, be and is hereby vested in Kyra Ellen Pyke as Executrix and Trustee for the Estate of Dale Pyke, pursuant to s. 74(2)(a) of the Mining Act.
c. The Tribunal further directs that the time during which the Remaining Mining Claims were “Withdrawn” 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 Remaining Mining Claims, shall be extended and set at a date one (1) year from the date of issuance of this Order of the Tribunal.
d. 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 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
| No. | Township / Area | Tenure ID | Tenure Type of Mining Claim | Tenure % Interest | Anniversary Date | New Anniversary Date |
|---|---|---|---|---|---|---|
| 1 | Tisdale, Mountjoy | 181843 | Single Cell | 100 | July 13, 2024 | 1 Year from Order issuance |
| 2 | Tisdale, Mountjoy | 168402 | Single Cell | 100 | July 13, 2024 | 1 Year from Order issuance |
| 3 | Tisdale, Mountjoy | 217202 | Single Cell | 100 | July 13, 2024 | 1 Year from Order issuance |
| 4 | Mountjoy | 272406 | Single Cell | 100 | July 13, 2024 | 1 Year from Order issuance |
| 5 | Mountjoy | 291242 | Single Cell | 100 | July 13, 2024 | 1 Year from Order issuance |
| 6 | Mountjoy | 187382 | Single Cell | 100 | July 13, 2024 | 1 Year from Order issuance |
| 7 | Mountjoy | 135374 | Single Cell | 100 | July 13, 2024 | 1 Year from Order issuance |
| 8 | Mountjoy | 235214 | Single Cell | 100 | July 13, 2024 | 1 Year from Order issuance |
| 9 | Mountjoy | 237277 | Single Cell | 100 | July 13, 2024 | 1 Year from Order issuance |