Hicks Estate, 2025 CanLII 37594

Ontario Land Tribunal

ISSUE DATE: April 22, 2025

CASE NO(S).: OLT-25-000090

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

Applicant: Vern James Hicks

Subject: Application to vest the Mining Claim interests of Clifford Ray Hicks, deceased

Mining Claims: See Schedule "A" attached and forming part of this Order

Townships/Mining Division: See Schedule "A", attached and forming part of this Order

OLT Case No.: OLT-25-000090

OLT Lead Case No.: OLT-25-000090

OLT Case Name: Hicks Estate

Heard: In writing

APPEARANCES:

Parties	Representative
Estate of Clifford Ray Hicks, by its Estate Trustee Vern James Hicks	John Walmsley

DECISION DELIVERED BY C. HARDY AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision and Order relates to an Application to the Tribunal brought by Vern James Hicks ("Applicant") as the Appointed Executor and Estate Trustee of Clifford Ray Hicks, also known as Clifford Hicks ("Claim Holder"), pursuant to s. 74 of the Mining Act, R.S.O. 1990, c. M.14, as amended ("Mining Act").

2The Claim Holder died without a will on February 25, 2024 and at the time of his death was listed with the Ministry of Mines ("Ministry"), as the recorded holder of a 100% interest in 9 single cell mining claims, a 50% interest in 2 single cell mining claims, a 34% interest in 5 single cell mining claims and a 33% interest in 24 single cell and multi cell mining claims, for a total of 40 mining claims all of which are situated in the mining division of Sault Ste. Marie.

3The Applicant brought an Application pursuant to s. 74(2) of the Mining Act requesting a vesting order for 33 of the 40 mining claims, being the Claim Holder's 100% interest in 5 single cell mining claims, 50% interest in 2 single cell mining claims, 34% interest in 5 single cell mining claims and 33% interest in 21 single cell and multi cell mining claims ("mining claims"). Pursuant to correspondence received from the Applicant's representative, John Walmsley, dated April 7, 2025, it was confirmed that the Application relates only to the 33 mining claims set out in Schedule A. Mr. Walmsley further confirmed that the remaining 7 mining claims, being 793181, 793182, 793183, 843931, 843932, 843933 and 843934 were not part of the Application and can be cancelled.

4The Tribunal was in receipt of documentation in support of the Application which was received from the Applicant over the course of January 2025 – March 2025. Further supporting documentation, in the form of a supplementary affidavit, was received by the Tribunal on April 7, 2025.

5The Applicant has 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.

APPLICATION MATERIALS

6The Tribunal received, inter alia, the following documents, in electronic format, in support of the Application:

a. The Application – OLT Form A1;

b. Email from John Walmsley on behalf of the Applicant dated March 5, 2025 requesting an extension of time in which to perform and file assessment work;

c. Funeral Director's Statement of Death of Clifford Ray Hicks dated March 5, 2024 ("Death Certificate");

d. Notarial Copy of the Certificate of Appointment of Estate Trustee without a Will ("Certificate of Appointment") for the Estate of Clifford Ray Hicks, issued by the Ontario Superior Court of Justice on April 24, 2024;

e. Affidavit of Vern James Hicks dated March 4, 2025;

f. Client Report issued by the Ministry dated March 21, 2025 listing the mining claims and interests registered in the name of Clifford Hicks; and

g. Supplementary Affidavit of Vern James Hicks dated April 5, 2025.

REVIEW OF EVIDENCE

7The following evidence is before the Tribunal, as contained in the above materials:

a. The Ministry Records confirm that the Claim Holder held either a 100% interest, 50% interest, 34% interest or 33% interest in the mining claims set out in Schedule A.

b. The Claim Holder died on February 25, 2024, having died without a Last Will and Testament.

c. The Affidavit of Vern Hicks dated April 5, 2025 confirms that the Claim Holder was never married during his lifetime.

d. Upon Application by the Applicant to the Ontario Superior Court of Justice, a Certificate of Appointment of Estate Trustee without a Will was issued to the Applicant on April 24, 2024.

e. The Affidavit of Vern Hicks dated April 5, 2025 confirms that the only individuals entitled to an interest in the Claim Holder's estate are his siblings and the Affidavit of Vern Hicks dated March 4, 2025 further confirms that the siblings of the Claim Holder relinquish their rights and privileges, both singularly and joint, to the mining claims in the name of Clifford Hicks.

DISCUSSION

8The Tribunal has considered the documentation and information provided, including the sworn evidence of the Applicant, and is satisfied that the Certificate of Appointment certifies and legally empowers Vern Hicks to administer the Estate of Clifford Ray Hicks, who died intestate. The Affidavits of the Applicant indicate that the Claim Holder was never married and that he and his siblings relinquish their rights and privileges to the mining claims.

9The Tribunal finds that, in the absence of a Last Will and Testament of the Claim Holder, the Application materials support the vesting of the Claim Holder's right, title and interest in the mining claims in Vern Hicks, in his capacity as Estate Trustee.

10The Applicant is seeking an extension of time in order to perform and file prescribed assessment work on the mining claims pursuant to s. 65 of the Mining Act. The Tribunal will exercise its discretion under s. 67(3)3 of the Mining Act and to exclude various lengths of time for the performance and filing of prescribed assessment work, or making payment in place of the assessment work, on the mining claims and set a new anniversary date of Thursday, February 26, 2026 by which date the next unit(s) of prescribed assessment work must be performed and reported on the mining claims set out in Schedule A.

ORDER

11The Tribunal hereby provides the following Orders and Directives:

i. The interest of the deceased, Clifford Ray Hicks, in the Single Cell Mining Claims and Multi Cell Mining Claims set out in Schedule A to this Order, be and is hereby vested in Vern James Hicks as Executor and Trustee for the Estate of Clifford Ray Hicks, pursuant to s. 74(2)(a) of the Mining Act.

ii. The Tribunal further directs that the time for the performance and filing of the next unit(s) of assessment work on the Single Cell Mining Claims and Multi Cell Mining Claims set out in Schedule A to this Order be and is hereby extended pursuant to s. 67(3)3 of the Mining Act. Upon that direction and exercising its discretion, the Tribunal Orders that the anniversary date by which the next unit(s) of prescribed assessment work must be performed and reported on the mining claims listed in Schedule A to this Order, shall be extended and set at to Thursday, February 26, 2026.

iii. 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

Tenure ID	Tenure Type	Tenure % Interest	Township / Area	Anniversary Date	New Anniversary Date
683023	Single Cell Mining Claim	33	Gould	29-Oct-2024	26-Feb-2026
683021	Single Cell Mining Claim	33	Gould	29-Oct-2024	26-Feb-2026
683444	Single Cell Mining Claim	50	Gould	04-Nov-2024	26-Feb-2026
683801	Single Cell Mining Claim	50	Gould	06-Nov-2024	26-Feb-2026
683802	Single Cell Mining Claim	100	Gould	06-Nov-2024	26-Feb-2026
624146	Single Cell Mining Claim	33	Gould	13-Dec-2024	26-Feb-2026
624142	Single Cell Mining Claim	33	Gould	13-Dec-2024	26-Feb-2026
624143	Single Cell Mining Claim	33	Gould	13-Dec-2024	26-Feb-2026
624145	Single Cell Mining Claim	33	Gould	13-Dec-2024	26-Feb-2026
624138	Multi-cell Mining Claim	33	Haughton, Gould	13-Dec-2024	26-Feb-2026
624147	Single Cell Mining Claim	33	Gould	13-Dec-2024	26-Feb-2026
624144	Single Cell Mining Claim	33	Gould	13-Dec-2024	26-Feb-2026
624137	Single Cell Mining Claim	33	Haughton, Gould	13-Dec-2024	26-Feb-2026
624188	Single Cell Mining Claim	34	Gould	15-Dec-2024	26-Feb-2026
624187	Single Cell Mining Claim	34	Gould	15-Dec-2024	26-Feb-2026
624191	Single Cell Mining Claim	34	Gould	15-Dec-2024	26-Feb-2026
624189	Single Cell Mining Claim	34	Gould	15-Dec-2024	26-Feb-2026
625648	Single Cell Mining Claim	33	Gould	21-Dec-2024	26-Feb-2026
625651	Single Cell Mining Claim	33	Haughton, Gould	21-Dec-2024	26-Feb-2026
625650	Single Cell Mining Claim	33	Gould	21-Dec-2024	26-Feb-2026
625647	Single Cell Mining Claim	33	Gould	21-Dec-2024	26-Feb-2026
700808	Single Cell Mining Claim	33	Gould	10-Jan-2025	26-Feb-2026
700810	Single Cell Mining Claim	33	Gould	10-Jan-2025	26-Feb-2026
700809	Single Cell Mining Claim	33	Gould	10-Jan-2025	26-Feb-2026
639873	Single Cell Mining Claim	33	Gould	26-Feb-2025	26-Feb-2026
639877	Single Cell Mining Claim	33	Gould	26-Feb-2025	26-Feb-2026
833431	Single Cell Mining Claim	33	Gould	26-May-2025	26-Feb-2026
833430	Single Cell Mining Claim	33	Gould	26-May-2025	26-Feb-2026
869663	Single Cell Mining Claim	100	Gould	05-Dec-2025	26-Feb-2026
869661	Single Cell Mining Claim	100	Gould	05-Dec-2025	26-Feb-2026
869662	Single Cell Mining Claim	100	Gould	05-Dec-2025	26-Feb-2026
869664	Single Cell Mining Claim	100	Gould	05-Dec-2025	26-Feb-2026
624190	Single Cell Mining Claim	34	Gould	15-Dec-2025	26-Feb-2026