Our client, 1520658 Ontario Inc. was successful at the Court of Appeal. After having been successful before the Mining and Lands Commissioners and the Divisional Court, 1520658 Ontario Inc. was successful before Ontario's highest court, with a finding that its mining claims were valid. Since 2007, 1520658 Ontario Inc. has defended the validity of its mining claims, staked in the Sudbury region. MTO has upgraded Highway 69 in that area and its road building activities transected the mining claims and sterilized the valuable non-metallic minerals therein. The Court of Appeal held that although the parties were on the land at the same time, MTO's activities were insufficient to establish prior "use and occupation"; thus the area was open for staking when 1520658 Ontario Inc. staked the claims. Having successfully defended the validity of the claims, 1520658 Ontario Inc. now moves ahead with its civil action for damages against MTO for, among other things, expropriation, conversion and injurious affection.
View details for Ontario Transportation v. 1520658 Ontario Inc. 2011 ONCA 373