Vaso Maric

The appellants sought to transfer a proceeding before the Mining and Lands Tribunal to the Ontario Superior Court of Justice.

The respondent had commenced the Tribunal proceeding under section 181(2) of the Mining Act to require the appellants to pay their share of expenditures for mining development.

The appellants argued that an alleged oral agreement absolved them of any obligation to contribute and that this contract matter should be adjudicated by the Superior Court as a preliminary issue.

The application judge refused the transfer.

On appeal, the Court of Appeal upheld the refusal to transfer, finding that the Tribunal had specialized expertise in mining matters and that section 181(4) of the Mining Act provided the appellants with a procedure to raise their oral agreement defence before the Tribunal.

The applicant sought declarations that a life insurance policy issued in 1982 should be enforced according to its original terms, including paid‑up value calculations appearing on the face of the policy.

The respondent insurer alleged that the paid‑up values in the policy were inserted in error and sought rectification to reduce them by a factor of five.

The record contained conflicting affidavit evidence and competing expert opinions regarding the intended structure of the policy and the calculation of paid‑up values.

The court held that the disputes involved material factual conflicts, credibility assessments, and complex issues relating to rectification and limitation periods.

As a result, the matter could not properly be resolved on an application record and required a trial.