Mining and Lands Tribunal
Tribunal des Mines et des Terres
ISSUE DATE:
March 29, 2021
CASE NO(S).:
MA 016-18
PROCEEDING COMMENCED UNDER section 181 of the Mining Act, R.S.O. 1990, c. M. 14, as amended
Applicant:
IAMGOLD Corporation
Respondents:
Treelawn Capital Corp. and
Wood Family Wealth Corporation
Subject:
Claim for payment of expenditures
Patented Mining Claims:
Chester 2 Properties on Young-Shannon
Lands, District of Sudbury (See Schedule "A")
MLT Case No.:
MA 016-18
MLT Case Name:
IAMGOLD Corporation v. Treelawn Capital Corp.
Heard:
In writing
APPEARANCES:
Parties
Counsel
IAMGOLD Corporation
Neal Smitheman
Vaso Maric
Harry Skinner
Treelawn Capital Corp. and
Martin R. Kaplin
Wood Family Wealth Corporation
Ian Katchin
ORDER OF THE TRIBUNAL DELIVERED BY D. STEPHEN JOVANOVIC
REASONS
1An Application was issued by IAMGOLD Corporation ("IAMGOLD") on August 7, 2018, pursuant to s. 181(2) of the Mining Act (the "Act").
2IAMGOLD, its joint venture partner SMM Gold Cote Inc. ("SMM"), and the respondents, Treelawn Capital Corp. and Wood Family Wealth Corporation (collectively referred to as "Treelawn"), are co-owners of the Chester 2 Properties, also known as the Young-Shannon Lands, in the District of Sudbury, consisting of freehold and leasehold patents, as well as unpatented mining claims (as described in the attached Schedule A).
3The co-ownership interests of IAMGOLD, SMM and Treelawn in the Chester 2 Properties are about 64.75%, 27.5% and 7.5%, respectively, as described in Schedule A hereto.
4From June 2012 to May 2018, being a period of over four consecutive years, Treelawn refused or neglected to contribute its proportionate 7.5% share of the expenditures incurred in connection with development work for the Chester 2 Properties totalling US$ 2,065,492.00 as more particularly described in the summary of expenditures attached as Schedule B.
5IAMGOLD has paid Treelawn's 7.5% proportionate share of the expenditures incurred in connection with the development work for the Chester 2 Properties.
ORDER
6The Tribunal, having read the Application by IAMGOLD dated August 7, 2018 and the submissions of the parties orders the following:
a) Treelawn, being a co-owner as described in s. 181(2) of the Act, shall pay to IAMGOLD, within three months of the date of this Order, the amount of US$ 2,065,492.00, being Treelawn's proportionate 7.5% share of the expenditures incurred in connection with the development work for the Chester 2 Properties for the period of June 2012 to May 2018.
b) Further, Treelawn shall pay IAMGOLD interest pursuant to s. 181(2) of the Act, within three months of the date of this Order, in an amount calculated in accordance with Ontario Regulations 54/11 and 310/97.
7Dated this 29th day of March, 2021
"D. Stephen Jovanovic"
D. STEPHEN JOVANOVIC
ASSOCIATE CHAIR
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Mining and Lands Tribunal
A constituent tribunal of Ontario Land Tribunals
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248