Judge renders ruling on Hemlo pre-trial motions

Justice Archie Campbell of the Ontario Court, General Division, recently released his ruling on pre-trial motions in the Scintilore Explorations (TSE) lawsuit against prospectors John Larche and Donald McKinnon.

The company is claiming all the benefits and proceeds received or to be received by the two prospectors from the major claims staked by or on behalf of them in the Hemlo gold camp in northern Ontario. Also named in the suit, as co-defendants, are Teck (TSE), International Corona Resources, and the Noranda (TSE) group of companies, which includes Hemlo Gold Mines (TSE). Campbell granted Scintilore’s motion to examine for discovery a representative of Lac Minerals (TSE), and obtain Lac’s documents and photographs relating to the staking of the Hemlo area claims. Scintilore’s motion for the Noranda-related corporations to produce further documents was not granted.

An order was also issued prohibiting Scintilore from returning to the properties, and previously obtained evidence concerning the claim posts and tags was ordered sealed by the Court and not to be used by Scintilore in the proceedings. However, Campbell did issue an inspection order permitting Scintilore to examine the claim posts and tags in the presence of defendants’ representatives.

The Court also stated: “The time has come to get this case on for trial without further delay. If counsel cannot agree on a time-table that will produce a trial within a reasonable time, it may be necessary for the Court to impose such a time-table.”