Evans v. Smith, (1984) 3 O.A.C. 64 (DC)

• Judge: Craig, J., Holland and Boland, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: March 29, 1984
• Jurisdiction: Ontario
• Citations: (1984), 3 O.A.C. 64 (DC)

Evans v. Smith (1984), 3 O.A.C. 64 (DC)

MLB headnote and full text

Evans v. Smith

Indexed As: Evans v. Smith

Ontario Divisional Court

Craig, J., Holland and Boland, JJ.

March 29, 1984.

Summary:

Evans filed a mining claim which was forfeited. The Mining and Lands Commissioner refused to grant Evans relief from forfeiture. Evans appealed.

The Ontario Divisional Court allowed the appeal and remitted the matter back to the commissioner.

Mines and Minerals - Topic 1710

Mining claims - Forfeiture - Relief from forfeiture, jurisdiction of Mining and Lands Commissioner under s. 86 of the Mining Act - Evans filed a mining claim which was forfeited when work credits were deleted because of the failure of Evans to properly file reports and maps - The Ontario Divisional Court held that the commissioner had the power under s. 86(1) of the Mining Act to grant Evans relief from forfeiture.

Cases Noticed:

Re Ramsay and Yellowknife Bear Mines Ltd., 11 O.R.(2d) 216, refd to. [para. 24].

Statutes Noticed:

Mining Act, R.S.O. 1980, c. 268, sect. 76 [para. 3]; sect. 77 [para. 4]; sect. 85 [para. 15]; sect. 86 [para. 16]; sect. 142 [para. 22].

Authors and Works Noticed:

Craie's on Statute Law (7th Ed. 1971), p. 86 [para. 21].

Counsel:

P.D. Lauwers, for the appellant, Evans;

M. Armstrong, Q.C., for the respondent, Smith.

This appeal was heard by Craig, J. Holland and Boland, JJ., of the Ontario Divisional Court on March 19, 1984.

The judgment of the Divisional Court was delivered by Craig, J., and was released on March 29, 1984.