Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 02, 2025
CASE NO(S).: OLT-24-000619
PROCEEDING COMMENCED UNDER subsection 64 of the Mining Act, R.S.O. 1990, c. M.14, as amended
Applicant/Requestor: Precambrian Ventures Ltd.
Subject: Request of a party to a proceeding pending before the Ontario Superior Court of Justice for an order confirming the proceeding is pending and requiring the Provincial Mining Recorder to make a note of the pending proceeding on the applicable mining claim abstracts
Mining Claims: See Schedule “A” attached and forming part of this Order
Mining Division: Sudbury
OLT Case No.: OLT-24-000619
OLT Lead Case No.: OLT-24-000619
OLT Case Name: Precambrian Ventures Ltd. v. 2801773 Ontario Inc.
Heard: In writing
APPEARANCES:
Parties Precambrian Ventures Ltd.
Counsel James Simmons
DECISION DELIVERED BY C. HARDY AND ORDER OF THE TRIBUNAL
BACKGROUND TO THE APPLICATION
1This Decision and Order relates to a request received from Precambrian Ventures Ltd. (“Precambrian”) on October 30, 2024. Subsequent to an exchange of emails between Precambrian, the Ontario Land Tribunal (“Tribunal”) and the Mining Recorder, it was determined that Precambrian was seeking an Order of the Tribunal pursuant to s. 64(4.1) of the Mining Act, R.S.O. 1990, c. M.14, as amended (“Act”) requesting cancellation of the “pending proceedings” notation from 39 mining claim abstracts (“mining claims”) listed in Schedule “A” attached to this Order. Precambrian was seeking a further Order from the Tribunal pursuant to s. 64(5) of the Act relating to the mining claims requesting the exclusion of time from the time period within which work on the mining claims must be performed or reported and the “pending proceedings” notice was in effect, and the setting of a new anniversary date for the mining claims, (collectively, the “Requests”).
2Precambrian’s Requests came before the Tribunal in writing and were limited to the content of emails.
3The initial application for an Order of Pending Proceedings to be placed on the mining claim abstracts was received by the Tribunal on June 11, 2024. The Order was granted by the Tribunal pursuant to s. 64(2.2) of the Act on July 30, 2024.
4The notation of “pending proceedings” was placed on the mining claim abstracts to be effective nunc pro tunc as of July 24, 2024, which is the date when Precambrian commenced an action in the Ontario Superior Court of Justice (“SCJ”) (Court File No. CV-24-00012087-0000) against 2801773 Ontario Inc. as the Defendant. The Order provided that the Note of Pending Proceedings shall remain on the mining abstracts “…until such time as the aforementioned proceeding in Court File No. CV-24-00012087-0000, as it asserts an interest in the 39 mining claims, has been determined by an Order of the Ontario Superior Court of Justice, is dismissed, or is withdrawn, or alternatively, upon Order of the Tribunal for removal in accordance with s. 64(4l.1) of the Mining Act”.
5The Decision of the SCJ entered on October 28, 2024 ordered inter alia that the 39 mining claim cells be transferred from 2801773 Ontario Inc. to Precambrian.
DISCUSSION
6The Tribunal has the jurisdiction to consider the Requests made by Precambrian pursuant to ss. 64(4.1) and 64(5) of the Act.
7The Tribunal is satisfied that the SCJ issued a final Decision in the proceeding which gave rise to the original Order of Pending Proceedings issued July 30, 2024. Precambrian’s application to the SCJ was successful and the mining claims were ordered to be transferred from 2801773 Ontario Inc. to Precambrian. As such, the proceeding before the SCJ has been determined on a final basis and the Notice of Pending Proceedings on the mining claims in the abstract is no longer required.
8The Tribunal will exercise its discretion under s. 64(5) of the Act and grant Precambrian’s further request for the exclusion of time within which work on the mining claims is to be performed or reported, and the setting of a new anniversary date for the mining claims. The Tribunal will set a new anniversary date of Tuesday, October 28, 2025, by which time the next unit(s) of prescribed assessment work must be performed and filed on the mining claims set out in Schedule “A”.
ORDER
9The Tribunal Orders that the notice of “pending proceedings”, which was recorded on the abstracts of the 39 mining claims listed in Schedule “A” to this Order, effective as of July 24, 2024, be, and the same are hereby, cancelled pursuant to s. 64(4.1) of the Mining Act.
10The Tribunal further directs that, pursuant to s.129(4) of the Mining Act, a copy of this Order shall be forwarded to the Provincial Mining Recorder and the Recorder’s office shall, upon receipt of this Order, cancel the Notice of Pending Proceedings previously placed upon the abstracts of the 39 mining claims, and notify all interested persons of the cancellation in the prescribed manner pursuant to ss. 64(4.1) and 64(4.2) of the Mining Act.
11The Tribunal directs that a part of the time during which the abstracts of the 39 mining claims listed on Schedule “A” were under “pending proceedings” 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 new anniversary date by which the next unit(s) of prescribed assessment work must be performed and filed on the mining claims listed in Schedule “A” shall be set at October 28, 2025.
“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”
MINING CLAIM
ANNIVERSARY DATE
TENURE TYPE
TENURE %
NEW ANNIVERSARY DATE
104320
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
106911
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
108283
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
129210
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
138207
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
138906
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
140695
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
146095
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
146096
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
162659
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
185985
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
203528
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
209678
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
218094
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
218095
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
221944
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
227382
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
227383
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
229925
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
229926
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
242088
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
244826
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
247550
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
249415
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
256955
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
256956
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
286700
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
288520
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
288521
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
288522
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
294714
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
315330
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
335000
28-Sep-2024
Single Cell Mining Claim
100
28-Oct-2025
104321
21-Dec-2024
Single Cell Mining Claim
100
28-Oct-2025
289863
21-Dec-2024
Single Cell Mining Claim
100
28-Oct-2025
136776
05-Aug-2025
Single Cell Mining Claim
100
28-Oct-2025
185387
05-Aug-2025
Single Cell Mining Claim
100
28-Oct-2025
224652
05-Aug-2025
Single Cell Mining Claim
100
28-Oct-2025
280694
05-Aug-2025
Single Cell Mining Claim
100
28-Oct-2025