Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 04, 2026
CASE NO(S).: OLT-24-001208
PROCEEDING COMMENCED UNDER subsection 64(4.1) of the Mining Act, R.S.O. 1990, c. M.14, as amended
Applicants: Lloyd Halverson, Doug Kakeeway and Estate of John Edward Ternowesky, also known as John Ternowesky, by its Estate Trustee, Cynthia Suworow
Subject: Request for an Order requiring the Provincial Mining Recorder to cancel the note of “Pending Proceedings” on the applicable mining claim abstracts ordered by the former Mining and Lands Tribunal by Order issued November 25, 2019 (File No. MA 017-19)
Mining Claims: “Lizar Claims” (Schedule A to November 25, 2019 Order in MA-017-19) and “Harte Claims” (Schedule B to November 25, 2019 Order in MA-017-19)
Township/Mining Division: Townships of Breckenridge, Lizar, Mosambik and Nemeigos/Sault St. Marie Mining Division
OLT Case No.: OLT-24-001208
OLT Lead Case No.: OLT-24-001208
OLT Case Name: Lloyd Halverson, Doug Kakeeway, Estate of John Ternowesky v. Brent Patrie and Harte Gold Corp.
Heard: In writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Lloyd Halverson, Douglas Kakeeway, Estate of John Edward Ternowesky, also known as John Ternowesky, by its Estate Trustee, Cynthia Suworow | N.A. Melchiorre |
DECISION DELIVERED BY S. BRAUN AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1John Edward Ternowesky, also known as John Ternowesky, died without a will on April 5, 2024. At the time of his death, Mr. Ternowesky was listed with the Ministry of Mines, formerly Ministry of Energy and Mines (“Ministry”), as Client No. 200691 and the recorded holder of a large number of mining claims.
2By Order of the Tribunal issued April 3, 2025, all right, title, and interest in all of the various mining claims held by Mr. Ternowesky were vested in Ms. Cynthia Suworow, in her capacity as the Estate Trustee Without a Will for the Estate of John Ternowesky (“Estate Trustee”), pursuant to s. 74(2)(a) of the Mining Act (“Act”).
3Several of the aforementioned mining claims were held together with Lloyd Halverson and Douglas Kakeeway, Ministry Client Nos. 140913 and 150453. Messrs. Ternowesky, Halverson, and Kakeeway maintained a 33.40%, 33.30%, and 33.30% interest, respectively, in various Cell/Boundary Mining Claims in the Townships of Breckenridge, Lizar, Mosambik, and Nameigos (“Lizar Claims”), attached hereto as Attachment 1.
4In addition, Harte Gold Corp. (“Harte”), Ministry Client No. 142281, was listed as the recorded holder of a 100% interest in several Cell/Boundary Mining Claims in the Township of Nameigos (“Harte Claims”), attached hereto as Attachment 2.
5Both the Lizar Claims and the Harte Claims are the subject of a November 25, 2019 Order of the Tribunal (formerly Mining and Lands Tribunal) (“MLT Order”), confirming that Messrs. Ternowesky, Halverson, and Kakeeway had commenced a court proceeding against Brent Patrie and Harte, which, as of November 15, 2019, was pending in the Ontario Superior Court of Justice (“Court”) under Court File No. CV-19-0552-0000.
6Pursuant to s. 64(2.2) of the Act, the MLT Order directed the Provincial Mining Recorder to make a note of the pending proceedings on the abstracts of both the Lizar Claims and Harte Claims effective November 25, 2019. The notation was ordered to remain on the abstracts until such time as the Court proceeding had been determined, or upon application for cancellation, pursuant to s. 64(4.1) of the Act.
APPLICATION FOR AN ORDER CANCELLING NOTE OF PENDING PROCEEDINGS
7By Application dated December 13, 2024 (“Application”), Lloyd Halverson, Douglas Kakeeway, and Cynthia Suworow, in her capacity as the Estate Trustee (“Applicants”), previously sought the following:
An order pursuant to s. 64(4.1) of the Act, cancelling the note of “pending proceedings” from the abstracts of both the Lizar Claims and the Harte Claims, pursuant to s. 64(4.1) of the Act;
An exclusion of time from the period within which work on the Lizar Claims must be performed or reported, pursuant to s. 64(5) of the Act, for the period of time during which the pending proceedings notice was in effect;
An order pursuant to s. 64(5) of the Act, extending the time for one year (or as long as possible), for the performance and filing of the next, or any, prescribed unit of assessment work to be performed or reported, or both, or by which payment in place of assessment work must be made on the Lizar Claims, and the assignment of a new anniversary date for the Lizar Claims; and
The Tribunal to direct, pursuant to s. 129(4) of the Act, that a copy of the Order be forwarded to the Provincial Mining Records and that the Recorder’s Office, upon receipt of the Order, cancel the Notice of Pending Proceedings previously placed upon the abstracts of the Lizar Claims and the Harte Claims and to notify all interested persons of the cancellation in the prescribed manner, pursuant to ss. 64(4.1) and 64(4.2) of the Act.
APRIL 3, 2025 TRIBUNAL DECISION AND ORDER
8The Tribunal considered the Application, but found it premature to order cancellation of the note of pending proceedings, having determined it did not have sufficient evidence before it to grant the requested relief. The materials submitted in support of the Application indicated, inter alia, that Harte had gone into receivership, that the Applicants intended to discontinue the pending litigation against Harte, and that the Harte Claims were now held by Silver Lake Ontario Inc. (“Silver Lake”). Such materials did not satisfy the Tribunal that the pending litigation giving rise to the MLT Order had, in fact, been discontinued, nor did the materials sufficiently explain the relationship between Harte and Silver Lake. In the decision issued on April 3, 2025 (“April 2025 Decision”), the Applicants were directed to submit further documentation/information:
a) Explaining/outlining the relationship between Harte and Silver Lake and how/when the mining claims subject to the note of pending proceedings were transferred from one to the other;
b) A copy of the current Client Report for Silver Lake, highlighting those claims subject to the MLT Order; and
c) Confirming that the litigation, which gave rise to the MLT Order, has, in fact, been discontinued against Harte (and is not in any way continued against Silver Lake).
FURTHER MATERIALS RECEIVED IN SUPPORT OF THE APPLICATION
9In accordance with that direction in the April 2025 Decision, the Tribunal received a letter from the Applicants’ counsel, dated July 29, 2025, explaining that there was no transfer of mining claims between Harte and Silver Lake, and that Harte Gold Corp. simply changed its name to Silver Lake Ontario Inc. The letter also confirmed that the litigation against Harte had been discontinued on July 25, 2025 and was in no way continued against Silver Lake, which is the same entity. Appended to the letter were the following:
A copy of the Articles of Amendment of Silver Lake Ontario Inc., dated February 22, 2022, relating to the corporation name change;
A copy of the Client Report for Silver Lake, with the claims subject to the MLT Order highlighted; and
Notice of Discontinuance for Court File No. CV-19-0552-0000, dated July 25, 2025, in which the Plaintiffs (John Ternowesky, Lloyd Halverson, and Doug Kakeeway) wholly discontinue the action against the Defendants (Brent Patrie and Harte), on a with prejudice and without costs basis.
10The Tribunal also received a copy of an email, dated December 12, 2025, from Lindsey Maendel, (Court Clerk and Registrar, Court Services Division, Thunder Bay Courthouse), confirming that the aforementioned Court File is inactive and has been discontinued. On March 23, 2026, The Tribunal received further email confirmation from Ms. Maendel that no defence was filed, and therefore, no counterclaims, cross claims, or third-party claims were/are associated with the primary proceeding discontinued in July 2025.
DISCUSSION
11Upon considering the foregoing materials in conjunction with those previously submitted in support of the Application, as discussed in detail in paragraphs [12] to [14] of its April 2025 Decision, the Tribunal is satisfied that the proceeding which gave rise to the MLT Order has now been wholly discontinued. Accordingly, the note of pending proceedings upon the Lizar Claims and the Harte Claims (hereinafter referred to as Silver Lake Claims) is no longer required, and it is appropriate to order the cancellation of same.
12The Applicants requested that the Tribunal grant an exclusion of time from the period within which work on the Lizar Claims must be performed or reported for the period of time during which the note of pending proceedings was in effect. Pursuant to s. 64(5) of the Act, the Tribunal will exercise its discretion to:
a) Grant an exclusion of time from the computation of time for performance and reporting of work for both the Lizar Claims and the Silver Lake Claims for the period of time during which the note of pending proceedings was in effect (November 25, 2019 to the date of issuance of this Order); and
b) Fix a new anniversary date (of one year from the date of issuance of this Order) for both the Lizar Claims and the Silver Lake Claims, by which time the next unit(s) of prescribed assessment work must be performed and filed.
ORDER
13The Tribunal Orders that the note of “pending proceedings”, which was recorded on the abstracts of the mining claims listed on Attachments 1 and 2 to this Order, effective as of November 25, 2019, be, and the same are hereby, cancelled pursuant to s. 64(4.1) of the Mining Act.
14The Tribunal further directs that the time during which the abstracts of the mining claims listed on Attachments 1 and 2 to this Order 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 in 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 Attachments 1 and 2 to this Order, shall be set at one year from the date of the issuance of this Order.
15The Tribunal 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 mining claims set out in Attachments 1 and 2 to this Order, 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.
“S. Braun”
S. Braun 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.
ATTACHMENT 1
ATTACHMENT 2