These reasoned decisions have been issued by the Ontario Mining and Lands Commissioner under the Mining Act.
File No. MA 014-99
L. Kamerman, Mining and Lands Commissioner
Thursday, the 26th day of August, 1999
All mining rights in, upon or under Mining Lands Patent 7971, dated the 31st day of January, 1956, registered as Parcel 20728 District of Sudbury South East, situate in the Township of MacLennan, District of Sudbury, (hereinafter referred to as "the Mining Lands");
An application under section 196 of the Mining Act for a vesting order for non-payment of mining land tax by a delinquent co-owner;
Jane Riddell, Estate Trustee of the Estate of Jeanne Riddell
Applicant (Amended August 26, 1999)
D. Lorne Hennessy, his executors, Heirs, Successors or Assigns
John Chyka, his executors, Heirs, Successors or Assigns
Whereas this application was received by this tribunal on the 4th day of May, 1999, from Ms. Jane Riddell, Estate Trustee of the Estate of Jeanne Riddell, a co-owner of the Mining Lands, for an Order vesting the interests of the delinquent co-owners, D. Lorne Hennessy and John Chyka, in the Applicant;
And whereas this tribunal was satisfied that, in compliance with the requirements of subsection 196(1) of the Mining Act, payment was made by Jeanne Riddell for the period of 1989 to 1994 and by Jane Riddell, Estate Trustee of the Estate of Jeanne Riddell for the period of 1995 to the date of the application, of all taxes owing;
And whereas this tribunal issued an Order, dated the 25th day of May, 1999, requiring payment by D. Lorne Hennessy, His Executors, Heirs, Successors or Assigns to the Applicant in the amount of $76.88 plus interest at a rate of six percent compounded annually from the date of the Order and John Chyka, His Executors, Heirs, Successors or Assigns to the Applicant in the amount of $57.66 plus interest at a rate of six percent compounded annually from the date of the Order, within three months from the date of the Order or file a dispute to show why payment should not be made, further ordering that service be effected by a single publication in the Northern Miner;
And whereas Notice of the said Order was published in the Northern Miner on the 7th day of June, 1999;
And whereas D. Lorne Hennessy, John Chyka or the personal representative of either, did not file any disputes with the tribunal within the meaning of subsection 196(4) of the Mining Act and have not paid the their respective amounts owing and ordered to the Applicant;
It is further directed that upon the payment of the required fees, this Order be filed in the Land Registry Office in Sudbury, Ontario and in the Mining Lands Dispositions Office of the Ministry of Northern Development and Mines in Sudbury, Ontario.
Dated this 26th day of August, 1999.
Mining and Lands Commissioner