Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 13, 2025
CASE NO.: OLT-25-000152
PROCEEDING COMMENCED UNDER section 196 of the Mining Act, R.S.O. 1990, c. M.14, as amended
Applicant: Joseph D. Fyfe
Respondents: Festus E. Fairley
Subject: Application for a vesting order for non-payment of taxes by delinquent co-owners
Property Description: Parcel 1602 Sec TEM; PAT-5035 Mining Claim ED365 Langmuir Twp. 65467-0043 Parcel 1970 Sec TEM; PAT-5036 Mining Claim P5978 Langmuir Twp. Timmins 65467- 0048
Municipality/Upper Tier: Township of Langmuir/City of Timmins
OLT Case No.: OLT-25-000152
OLT Lead Case No.: OLT-25-000152
OLT Case Name: Fyfe v. Fairley
Heard: In writing
| Parties | Representative |
|---|---|
| Joseph Fyfe | Self-Represented |
| Festus E. Fairley | Did Not Appear |
DECISION DELIVERED BY C. HARDY AND ORDER OF THE TRIBUNAL
Link to the Order
INTRODUCTION
1This Decision and Order relates to an Application to the Tribunal brought by Joseph D. Fyfe (“Applicant”) pursuant to s. 196 of the Mining Act, R.S.O. 1990, c. M.14, as amended (“Mining Act”).
2The Applicant is the recorded holder of a 56.3 percent interest in PAT-5035 Mining Claim ED365, Parcel 1602, bearing PIN # 65467-0043(LT) in Langmuir Township, City of Timmins (“Parcel 1602”). The Applicant’s late grandfather, Joseph Bernard Fyfe, is the recorded holder of a 28.1 percent interest in Parcel 1602. Festus E. Fairley (“Respondent”) is the recorded holder of a 15.6 percent interest in Parcel 1602.
3The Applicant is also the recorded holder of a 39.6 percent interest in PAT-5036 Mining Claim P5978, Parcel 1970, bearing PIN # 65467-0048(LT) in Langmuir Township, City of Timmins (“Parcel 1970”). Mr. Joseph Bernard Fyfe is the recorded holder of a 27.1 percent interest in Parcel 1970. The Respondent is the recorded holder of a 33.3 percent interest in Parcel 1970.
4The Tribunal received, inter alia, the following documents, in electronic format, in support of the Application:
a. The Application – OLT Form A1 dated March 4, 2025;
b. Letter from Ministry of Mines dated February 28, 2025 detailing tax payment details for Parcel 1602 and Parcel 1970 from 1942 – 2025;
c. Affidavit of Joseph D. Fyfe, dated July 8, 2025, inclusive of exhibits (“Affidavit”);
d. Land Detail issued by Ministry of Mines dated February 21, 2025 relating to Parcel 1602;
e. Land Detail issued by Ministry of Mines dated February 21, 2025 relating to Parcel 1970; and
f. Emails from the Ministry of Mines dated July 17, 2025 and August 1, 2025 breaking down tax payment details for Parcel 1602 and Parcel 1970.
5Section 196(1) of the Mining Act provides the Tribunal with its jurisdiction regarding this Application and reads as follows:
196 (1) Where lands or mining rights liable for tax are held by two or more co-owners and all such tax has been paid by one or more of them and the other or others has or have neglected or refused to pay that other’s or those others’ proportion of the tax for a period of four or more consecutive years, the Tribunal, upon the application of any co-owner or co-owners who has or have paid the tax for the period of four or more consecutive years immediately prior to the date of the application and upon the receipt of such other information and particulars as the Tribunal requires, may make an order requiring the delinquent co-owner or co-owners to pay, within three months of the date of the order or such further time as the Tribunal may fix, the delinquent co-owner’s or co-owners’ fair proportion of the tax to the co-owner or co-owners who has or have paid all the tax, together with interest at the prescribed rate, compounded annually, and such costs of the application as are allowed by the Tribunal.
REVIEW OF EVIDENCE
6The Affidavit in support of the Application states that the Applicant owns 56.3 percent of Parcel 1602 and 39.6 percent of Parcel 1970 and the Respondent has not paid or contributed to any taxes on Parcels 1602 and 1970 since the Applicant assumed responsibility and control of the shares of his grandfather, Mr. Joseph Bernard Fyfe.
7In his Affidavit, the Applicant affirms that he has paid the mining and municipal taxes on Parcel 1602 and Parcel 1970 since acquiring his shares in 2013. In support, the Applicant attached a letter from the Ministry of Mines as Exhibit “E” to his Affidavit confirming all tax payments were made for Parcel 1602 and Parcel 1970 from 1942 – 2025. The letter further confirms that the Applicant made all tax payments for Parcel 1602 and Parcel 1970 from 2014 - 2025, in the total amount of $1,387.06.
8The co-ownership of the Applicant with Mr. Joseph Bernard Fyfe and the Respondent in Parcel 1602 is reflected in both the PIN 65467-0043(LT) attached as Exhibit “C” to the Applicant’s Affidavit and in the Land Detail issued by the Ministry of Mines. The Respondent’s interest in Parcel 1602 dates back to 1915.
9The co-ownership of the Applicant with Mr. Joseph Bernard Fyfe and the Respondent in Parcel 1970 is reflected in both the PIN 65467-0048(LT) attached as Exhibit “D” to the Applicant’s Affidavit and in the Land Detail issued by the Ministry of Mines. The Respondent’s interest in Parcel 1970 dates back to 1916.
10In his Affidavit, the Applicant states that the Respondent is deceased as of 1967 and has no known children. The Applicant further states that he undertook best efforts to locate heirs of the Respondent and those efforts were unsuccessful.
11The Affidavit was made for the purpose of applying under s. 196 of the Mining Act for an order vesting the Respondent’s interest in the Applicant.
12The Tribunal has considered the documentation and information provided, including the sworn evidence of the Applicant, and is satisfied that the Applicant has paid all of the taxes on Parcel 1602 and Parcel 1970 from 2013 to the date of this Application, being a total amount of $1,387.06.
ORDER
13The Tribunal directs that the Respondent, being a co-owner of a 15.62 percent interest in Parcel 1602 and being a co-owner of a 33 percent interest in Parcel 1970, bearing PIN # 65467-0043(LT) and 65467-0048(LT) respectively, pay their proportionate share of the mining land tax paid by the Applicant up to March 4, 2025, being $358.15 (Cdn.) plus interest at a rate of six percent compounded annually from the date of this Order. Payment to the Applicant may be made to Mr. Joseph Fyfe, 45 Westend Road, Lively, ON P3Y 1H8.
14The Tribunal further directs the Applicant to serve this Order on the Respondent, or his Estate, by placing an advertisement in the Northern Miner, with proof of service to be provided to the Tribunal. The Notice of Order should state:
By Order of C. Hardy, Vice Chair, Ontario Land Tribunal, dated August 13, 2025, Festus E. Fairley or his executors, heirs, successors or assigns, are ordered to pay $358.15 (Cdn.) to the applicant, Joseph Fyfe, being the mining lands taxes for all surface and mining rights in, upon or under Parcels 1602 and 1970, bearing PIN # 65467-0043(LT) and 65467-0048(LT), respectively, situate in Langmuir Township, City of Timmins. Payment may be made to Joseph Fyfe, 45 Westend Road, Lively, ON P3Y 1H8. Failure to make payment or to request a hearing may result in an Order vesting all surface and mining rights in, upon or under the aforementioned Mining Lands in Joseph Fyfe pursuant to s. 196 of the Mining Act, R.S.O. 1990, c. M.14, as amended.
15The Tribunal further directs that if the Respondent fails to make payment indicated and does not file a dispute with the Tribunal within three months of the date of this Order showing why payment should not be made, an Order vesting all surface and mining rights in Parcels 1602 and 1970, being PIN # 65467-0043(LT) and 65467-0048(LT), situate in Langmuir Township, City of Timmins, in the Applicant pursuant to s. 196 of the Mining Act, R.S.O. 1990, c. M.14, as amended may issue.
“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.