Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 17, 2025
CASE NO(S).: 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 and Representatives
Parties
Representative
Joseph Fyfe
Self-Represented
Festus E. Fairley
Did Not Appear
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY C. HARDY
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the Parties correct a technical or typographical error made in a Decision or Order, the Decision and Order (“Decision”) issued on August 13, 2025 is hereby amended.
2By replacing Paragraph [14] with:
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 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 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.
3By replacing Paragraph [15] with:
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 issuance of the Amending Decision 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.
4In all other respects, the Tribunal’s Decision remains the same.
“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.