This reasoned decision has been issued by the Ontario Mining and Lands Commissioner under the Mining Act for 2001352 Ontario Inc.
File No. MA-005-01
Mining and Lands Commissioner
Thursday, the 14th day of October, 2004.
Deputy Mining and Lands Commissioner
An appeal by 2001352 Ontario Inc. pursuant to subsection 112(1) of the Mining Act from the decision of the Provincial Mining Recorder, dated the 14th day of February, 2001, to not record its Filed Only Mining Claims 1246177, being for the land under the waters of Kelly Lake, being part of projected Lot 1, Con. VI and part of projected Lot 1, Con. V, in Waters Township and 1246178, being for the land under the waters of Kelly Lake, being part of projected Lot 12, Con. VI, Broder Township, in the Sudbury Mining Division, hereinafter referred to as the "2001352 Filed Only Mining Claims";
Section 30(a) and Section 41 of the Mining Act;
2001352 Ontario Inc.
The Minister Of Northern Development And Mines
(formerly known as International Nickel Company of Canada Limited)
Party of the Third Part
Mining License of Occupation No. 10,872 dated the 6th day of May, 1947 for lands under the waters of Kelly Lake, comprised of unpatented Mining Claims S. 37335 through S. 37343, both inclusive, and S. 37429 through S. 37531, both inclusive; and evidence that the monthly payments due on Mining License of Occupation No. 10, 872 were in default for one month or more between the date of issue and the 27th day of March, 1958;
An application pursuant to S.105 of the Mining Act for an Order by the Mining and Lands Commissioner that the Minister of Northern Development and Mines shall be prohibited from amending MLO No. 10,872 or allowing that the lands and lands covered by water in respect of which it was issued to be otherwise granted until the appeal of 2001352 Ontario Inc., as being heard and determined or withdrawn or abandoned in writing;
An application pursuant to S.105 of the Mining Act for an Order by the Mining and Lands Commissioner that the Recorder shall be prohibited from recording any claim in respect of the lands and lands covered by water in respect of which MLO No. 10,872 was issued, until the appeal of 2001352 Ontario Inc. has been heard and determined or withdrawn or abandoned in writing.
Whereas this tribunal made an Order for the exchange of written submissions on the issue of whether costs should be awarded to Inco Limited by 2001352 Ontario Inc. (the "Wallbridge Subsidiary") for the period commencing the 11th day of October, 2002, up to and including the date of the parties making their submissions on this issue;
And whereas this Tribunal was advised by counsel for the parties, being Ms. Valerie Dyer on behalf of Inco Limited and Mr. Ian Blue on behalf of 2001352 Ontario Inc. (the "Wallbridge Subsidiary") respectively, on the 13th day of October, 2004, that the parties have settled the issue of the aforementioned additional costs;
Dated this 14th day of October, 2004.
Original signed by L. Kamerman
Mining and Lands Commissioner
Original signed by M. Orr
Deputy Mining And Lands Commissioner