OMLT 2020

The applicant and respondents are co-owners of mining properties.

The applicant sought an order under section 181 of the Mining Act for the respondents to pay their share of development expenditures.

The respondents claimed an oral agreement exempted them from these costs.

At a pre-hearing conference, the Tribunal determined the procedural steps for the liability phase of the hearing.

The Tribunal also held that an order under section 181(2) must be issued before a hearing on liability can proceed under section 181(4), and directed the applicant to confirm whether it requests such an order.

The applicant sought the use of surface rights on unpatented mining claims for a power transmission line.

After the respondent indicated an intention to appear at the scheduled in-person hearing, the applicant requested the matter proceed by written hearing.

The respondent consented.

The Tribunal ordered the cancellation of the in-person hearing and established a schedule for written submissions.