Pele Diamond et.al. v. Paulette A. Mosseau-Leadbetter et.al. & MNDM: Amended Order

This reasoned decision has been issued by the Ontario Mining and Lands Commissioner under the Mining Act.

File Nos. MA 014-06 & MA 015-06

L. Kamerman
Mining and Lands Commissioner

Thursday, the 27th day of December, 2007.

The Mining Act

In the matter of

Mining Claim SSM-1235757, situate in the Township of Chabanel, in the Sault Ste. Mining Division, recorded in the name of Paulette A. Mousseau-Leadbetter, on the 22nd day of November, 2002 and transferred to the name of 3814793 Canada Inc., on the 21st day of April, 2006, hereinafter referred to as the "3814793 Canada Inc. Mining Claim";

And in the matter of

Filed Only Mining Claim 3009900, situate in the Township of Chabanel, in the Sault Ste. Marie Mining Division, staked by Mr. Richard Daigle, to have been recorded in the names of Pele Diamond Corporation and 2098680 Ontario Inc., each as to a 50% interest, respectively, hereinafter referred to as the "Pele Diamond Filed Only Mining Claim";

And in the matter of

Filed Only Mining Claim 3017484, situate in the Township of Chabanel, in the Sault Ste. Marie Mining Division, staked by Mr. Richard Daigle, to have been recorded in the names of Pele Diamond Corporation and 2098680 Ontario Inc., each as to a 50% interest, respectively, hereinafter referred to as the "Pele Diamond Filed Only Mining Claim 3017484";

And in the matter of

Ontario Regulation 7/96, Claims Staking;

Between

Pele Diamond Corporation and 2098680 Ontario Inc.
Appellants

and

Paulette A. Mousseau-Leadbetter and 3814793 Canada Inc.
Respondents

and

Minister of Northern Development and Mines
Party of the Third Part

And in the matter of

An appeal from the decision of the Provincial Mining Recorder, dated the 13th day of April, 2006, for the recording of all or that portion of the Pele Diamond Filed Only Mining Claim that does not overlap the 3814793 Canada Inc. Mining Claim.

Amended Interlocutory Order For Costs

Whereas the Interlocutory Order For Costs in this this matter was issued by this tribunal on the 27th day of December, 2007;

And whereas the Order contained errors;

  1. It is ordered that paragraph 1, found on page four of the tribunal's Interlocutory Order For Costs in this matter, dated the 27th day of December, 2007, be rescinded and replaced with the following paragraph;
  1. "It is ordered that lump sum costs of $3,494.68, as itemized in Schedule A attached to and forming part of this Order, be paid by Paulette A. Mousseau-Leadbetter and 3814793 Ontario Inc. to Weirmeir Land Management Services within thirty (30) days of the date of this Order For Costs."

Dated this 27th day of December, 2007.

Original signed by:
L. Kamerman
Mining and Lands Commissioner