Mining and Lands Tribunal

Tribunal des Mines et des Terres

ISSUE DATE: April 24, 2020

CASE NO.: MA 016-19

PROCEEDING COMMENCED UNDER section 51 of the Mining Act, R.S.O. 1990, c. M.14, as amended

Applicant: Nextbridge Infrastructure, LP

Respondent: Richard Thibodeau

Subject: Application for the use of the surface rights on unpatented mining claims for the development and operation of a power transmission line

Cell and Boundary Mining Claims: 128042, 145553, 158614, 287383 and 287384, situate in the Abbie Lake Area in the Thunder Bay Mining Division

MLT Case No.: MA 016-19

MLT Case Name: Nextbridge Infrastructure, LP v. Thibodeau

APPEARANCES:

Parties

Nextbridge Infrastructure LP Scott Stoll, counsel

Richard Thibodeau Self-represented

ORDER OF THE TRIBUNAL DELIVERED BY D. STEPHEN JOVANOVIC

REASONS

Background

1Richard Thibodeau (ENDM Client #303427) (“Respondent”), is the recorded holder of a 100% interest in Cell and Boundary Mining Claims 128042, 145553, 158614, 287383 and 287384, situated in the Abbie Lake Area, in the Thunder Bay Mining Division.

2A referral under s. 51 of the Mining Act for the use of the surface rights on unpatented mining claims for the development and operation of a power transmission line by Nextbridge Infrastructure, LP (“Applicant”) was received from the Provincial Mining Recorder, Ministry of Energy, Northern Development and Mines by the Mining and Lands Tribunal (“Tribunal”), on October 1, 2019.

3A Direction To File documentation, a Notice of Hearing, an Amended Notice of Hearing, and two Orders which were procedural in nature were issued by this Tribunal on November 22, 2019, December 10, 2019, February 11, 2020, February 25, 2020 and April 8, 2020, respectively and provided to the parties.

4The Hearing in this matter was initially scheduled for on April 23 and 24, 2020 in the Council Chambers at City Hall in Thunder Bay, Ontario. It was then rescheduled to May 5, 6 and 7, 2020 at Tribunals Ontario, 655 Bay Street, Toronto, Ontario.

5In response to the aforementioned Direction To File documentation, the Applicant filed its submissions on the merits of this application with the Tribunal and with the Respondent on December 19, 2019.

6The Respondent filed no submissions in response to the Direction To File documentation of the Tribunal.

7The Tribunal wrote to the Respondent on April 3, 2020 and requested that he inform the Tribunal by no later than April 9, 2020 as to whether it was his intention to appear at the hearing. The Tribunal further informed the Respondent that failure to respond could result in costs being awarded against him.

8The Respondent informed the Tribunal by email on April 8, 2020 that it was his intention to appear at the hearing.

9In response to the Respondent’s email of April 8, 2020, the Applicant requested that the application proceed by way of a written hearing, with a proposed schedule for submissions.

10The Respondent provided his consent to have this matter heard in writing on April 14, 2020.

11From a review of the submissions to date and noting the consent of the parties, the Tribunal has determined that it can make its determination in this matter based on the written submissions. As a result, an in-person hearing will be unnecessary.

ORDER

12It is ordered that the in-person hearing in this matter, set for May 5, 6 and 7, 2020, at Tribunals Ontario, will be cancelled.

13It is further ordered that this matter will be determined based upon the written submissions.

14It is further ordered that the Applicant provide the Respondent and the Tribunal with its submissions no later than May 29, 2020.

15It is further ordered that the Respondent provide the Applicant and the Tribunal with his responding submissions no later than June 12, 2020.

16It is further ordered that the Applicant provide the Respondent and the Tribunal with its reply submissions, if any, no later than June 26, 2020.

“D. Stephen Jovanovic”

D. STEPHEN JOVANOVIC

ASSOCIATE CHAIR

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Mining and Lands Tribunal

A constituent tribunal of Tribunals Ontario – Environment and Land Division

Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248