471 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 87 ST. JOHN’S, FRIDAY, DECEMBER 14, 2012 No. 50 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, cM-12, RSNL 1990 as amended.

A portion of licence 019534M held by Silver Spruce Resources Inc. situate near Kanairktok River on map sheet 13K/06, 13K/11 more particularly described in an application on file at Department of Natural Resources A portion of licence 013380M held by Silver Spruce Resources Inc.. situate near Kanairktok River on map sheet 13K/06, 13K/11 more particularly described in an application on file at Department of Natural Resources A portion of licence 20591M held by Altius Resources Inc. situate near Shanadithit Brook, NL on map sheet 12A/14 more particularly described in an application on file at Department of Natural Resources A portion of licence 18056M held by Benton Resources Inc. situate near Burke Brook, NL on map sheet 11O/16 and 11O/15 more particularly described in an application on file at Department of Natural Resources A portion of licence 18057M held by Benton Resources Inc. situate near Isle aux Morts, NL on map sheet 11O/15 more particularly described in an application on file at Department of Natural Resources A portion of licence 18067M held by Benton Resources Inc. situate near Burke Brook, NL on map sheet 11O/16 more particularly described in an application on file at Department of Natural Resources A portion of licence 20710M held by Benton Resources Inc. situate near Burke Brook, NL on map sheet 11O/16 and 11O/15 more particularly described in an application on file at Department of Natural Resources The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in Consolidated Mineral Regulations 1143/96 and Mineral Regulations 71/9 8, 104/98, 97/00, 36/01, 31/04, 78/06, 8/08 and 28/09 and outlined on 1:50 000 scale maps maintained by the Department of Natural Resources, will be open for staking after the hour of 9:00 AM on the 32 nd clear day after the date of this publication.

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 14, 2012 472 DEPARTMENT OF NATURAL RESOURCES JIM HINCHEY, P.Geo Director - Mineral Lands File # 774: 5758, 5763, 8852 775: 1444, 1445, 1455 Dec 14 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF BOTWOOD MUNICIPAL PLAN AMENDMENT NO. 10, 2012 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 10, 2012 TAKE NOTICE that the TOWN OF BOTWOOD Municipal Plan Amendment No. 10, 2012 and Development Regulations Amendment No. 10, 2012, adopted on the 11 th day of October, 2012 and approved on the 7th day of November, 2012 have been registered by the Minister of Municipal Affairs.

In general terms, the pu rpose of Municipal Plan Amendment No. 10, 2012 and Development Regulations No. 10, 2012 is to accommodate residential development at 4-12 Mill Road, Botwood. The TOWN OF BOTWOOD Municipal Plan Amendment No. 10, 2012 and Developmen t Regulations Amendment No. 10, 2012 come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the TOWN OF BOTWOOD Municipal Plan Amendment No. 10, 2012 and Development Regulations Am endment No. 10, 2012 may do so at the Town Office, 227 Water Street during normal working hours.

TOWN OF BOTWOOD Audrey Rowsell, Town Clerk Dec 14 LANDS ACT NOTICE OF INTENT LANDS ACT c36, SNL1991, as Amended NOTICE IS HEREBY given that JOHN BERGHUIS of Clarenville, NL intends to apply to the Department of Environment and Conservation, two months from the publication of this Notice, to acquire title, pursuant to

Section 7(2) of the said Act, to that piece of Crown Land situated within fifteen (15) metres of the waters of Northwest Arm, in the Electoral District of Trinity North for the purpose of a parking lot and being more particularly described as follows: Bounded on the North by property of Control Surveys Ltd., for a distance of 27.4 metres; Bounded on the East by a Reservation 10 metres wide for a distance of 35.2 metres Bounded on the South by property of JOHN BERGHUIS for a distance of 3.2 metres; Bounded on the West by property of Control Surveys Ltd., for a distance of 15.5 metres; and containing an area of approximately 254.2 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office: (Choose Area Applicable) c/o Eastern Regional Lands Office, P. O. Box 8700 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P. O. Box 2222, Gander, NL, A1V 2N9. c/o Western Regional Lands Office, P. O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P. O.

Box 3014, Station “B”, Happy Valley-Goose Bay, NL A0P 1E0. For further information on the proposed application, please contact JOHN BERGHUIS. Telephone number (709) 466- 3666. Dec 14 NOTICE OF INTENT Lands Act , c36, SNL 1991, as amended NOTICE IS HEREBY given that LEO GRIFFIN of Conception Bay South, NL intends to apply to the Department of Environment a nd Conservation, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2)(

e) of the said Act, to that piece of Crown land situated within fifteen (15) metres of the waters of Hawco’s Pond in the Electoral District of Placentia-St. Mary’s for the purpose of a boat house and wharf and being more particularly described as follows: Bounded on the North by the waters of Hawco’s Pond for a distance of 7 metres; Bounded on the East by Crown land reservation for a distance of 8 metres; Bounded on the South by Crown land reservation for a distance of 7 metres; Bounded on the West by Crown land reservation for a distance of 8 metres; and containing an area of approximately 31 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this Notice, with reasons for it, to the Minister of Environment and Conservation, and mail to the nearest Regional Lands Office:

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 14, 2012 473 c/o Eastern Regional Lands Office, P.O. Box 8700, 5 Mews Place, St. John’s, NL, A1B 4J6. c/o Central Regional Lands Office, P.O. Box 2222, Gander, NL, A1V 1L7. c/o Western Regional Lands Office, P.O. Box 2006, Noton Building, Corner Brook, NL, A2H 6J8. c/o Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0. For further information on the proposed application, please contact: LEO GRIFFIN. Telephone number (709) 834- 9710.

Dec 14 QUIETING OF TITLES ACT 2012 06G 0165 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (General) NOTICE OF APPLICATION UNDER THE QUIETING OF TITLES ACT, RSNL1990 cQ-3.

NOTICE IS HEREBY given to all parties that EDWARD BULGIN of Sag Harbour, in the State of New York, USA; WILLIAM BULGIN of Dunnellon, in the State of Florida, USA; and DIANE DEVINE of Slocum, in the State of Rhode Island, USA, have appl ied to the Supreme Court of Newfoundland and Labrador, Tr ial Division, Grand Bank, to have title to all that piece or parcel of property situate at Port Rexton, in the Province of Newfoundland and Labrador, which property is more particularly described in

Schedule “A” hereto annexed and shown in

Schedule “B” hereto annexed.

ALL BEARINGS aforementioned for which EDWARD BULGIN of Sag Harbour, in the State of New York, USA; WILLIAM BULGIN of Dunnellon, in the State of Florida, USA; and DIANE DEVINE of Slocum, in the State of Rhode Island, USA, claim to be the owners investigated and for a Declaration that they are the absolute owners in fee simple in possession and the said EDWARD BULGIN of Sag Harbour, in the State of New York, USA; WILLIAM BULGIN of Dunnellon, in the State of Florida, USA; and DIANE DEVINE of Slocum, in the State of Rhode Island, USA, have been ordered to publish Notice of Application as required by the above named Act.

All persons having title adverse to the said title claimed by the said EDWARD BULGIN of Sag Harbour, in the State of New York, USA; WILLIAM BULGIN of Dunnellon, in the State of Florida, US A; and DIANE DEVINE of Slocum, in the State of Rhode Is land, USA, shall file in the Registry of the Supreme Court of Newfoundland and Labrador, Trial Division, Gran d Bank, particulars of such adverse claim and serve the same together with an Affidavit verifying same on th e undersigned Solicitors for the Petitioner on or before 10 th day of January, 2013, after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall be investigated then in such manner as the Supreme Court of Newfoundland and Labrador, Trial Division, Grand Bank, may direct. DATED AT Clarenville, in the Province of Newfoundland and Labrador, this 7th day of December, 2012. HUGHES AND BRANNAN LAW OFFICES Solicitors for the Applicant PER: James D. Hughes, Q.C. ADDRESS FOR SERVICE: 357 Memorial Drive Clarenville, NL A5A 1R8 Tel: (709) 466-3458 Fax: (709) 466-4383

SCHEDULE "A" DIANE DEVINE, EDWARD BULGIN and WILLIAM BULGIN Port Rexton, NL ALL THAT piece or parcel of land situate and being in the Town of Port Rexton, in the Electoral District of Trinity North abutted and bounded as follows: THAT IS TO SAY: Beginning at a point on the eastern limit of LONG LANE, the said point having coordinates N 5 361 867.74 metres and E 280 427.10 metres of the Three Degree Modified Transverse Mercator Projection (NAD- 83) for the Province of Newfoundland and Labrador; THENCE by property of Albert King south eighty-six degrees fifteen minutes thirty seconds east (S 86-15-30

E) sixty-one decimal nine nine (61.99) metres; THENCE along the western limit of a Local Road (abandoned) south five degree s nineteen minutes twenty- five seconds west (S 5-19-25

W) nineteen decimal one six (19.16) metres; THENCE by property of Herbert and Lorraine Goldsworthy north eighty-two degrees twenty-eight minutes zero five seconds west (S 82-28-05

W) twenty-six decimal zero two (26.02) metres, north eighty-eight degrees fifty-six minutes twenty-five seconds west (N 88-56-25

W) seven decimal six two (7.62) metres, south twenty-five degrees thirty-six minutes thirty seconds west (S 25-36-30

W) two decimal two zero (2.20) metres, north eighty degrees twenty-nine minutes fifty-five seconds west (N 80- 29-55

W) ten decimal eight seve n (10.87) metres, south ten degrees thirteen minutes fift y-five seconds west (S 10-13- 55

W) ten decimal one nine (10.19) metres, north eighty-

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 14, 2012 474 three degrees fifty-two minutes fifteen seconds west (N 83- 52-15

W) eighteen decimal five four (18.54) metres; THENCE along the said eastern limit of Long Lane north seven degrees forty-one minutes thirty seconds east (N 7- 41-30

E) twenty-eight decimal one two (28.12) metres, more or less to the point of beginning and containing an area of 0.1364 hectares. All bearings refer to the above mentioned Projection. Dec 14

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 14, 2012 475 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of late EDMUND K DOWER of the Town of Glenwood, in the Province of Newfoundland and Labrador, Retired Person, Deceased. All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of EDMUND K.

DOWER, the afores aid deceased, who died at the Town of Gander, in the Province of Newfoundland and Labrador on or about the 27 th day of May, 2011, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned Solicitor for the Executor of the Estate on or before the 21 st day of December, 2012 after which date the Executor will proceed to distribute the said Estate having regard only to th e claims of which he shall then have had notice. DATED at the Town of Gander, Newfoundland and Labrador, this 29th day of November, 2012. BONNELL LAW Solicitor for the Executor PER: R.

Archibald Bonnell ADDRESS FOR SERVICE: P.O. Box 563 218 Airport Boulevard Gander, NL A1V 2E1 Tel: (709) 651-4949 Fax: (709) 651-4951 Dec 7 & 14 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of the late CHARLES CECIL BERTRUM LUTER, late of the City of St. John's, in the Province of Newfoundland and Labrador, Retired Gentleman, deceased All persons claiming to be creditors of or who have any claims, or demands upon or affecting the Estate of CHARLES CECIL BERTRUM LUTER, late of the City of St.

John's, aforesaid, deceased, are hereby requested to send particulars thereof, in writing, duly attested, to the undersigned solicitors for the Executor of the Estate of the said deceased on or before the 4 th day of January, 2013, after which date the said Executor will proceed to distribute the Estate having regard only to the claims of which they then shall have notice. DATED at the Town of Gander, in the Province of Newfoundland and Labrador, this 3 rd day of December, 2012.

EASTON HILLIER LAWRENCE PRESTON Solicitors for the Executor PER: Mary (Waterman) Newton ADDRESS FOR SERVICE: Polaris Building 61 Elizabeth Drive Gander, NL AlV 1G4 Tel: (709) 256-4006 Fax: (709) 651-2850 Dec 14

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 87 ST. JOHN’S, FRIDAY, DECEMBER 14, 2012 No. 50 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 88/12 Correction Notice NLR 89/12

The Newfoundland and Labrador Gazette December 14, 2012 1197 NEWFOUNDLAND AND LABRADOR REGULATION 88/12 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (Filed November 28, 2012) Under the authority of

section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following Rules. Dated at St. John’s, December 10, 2012. Darlene Wells for the Registrar of the Supreme Court Secretary, Rules Committee REGULATIONS Analysis 1. Rule 7A.04 Amdt. Certification Application 2. Rule 20A.08 R&S Effect of Failure to Accept 3. Rule 55.17 Amdt. Contingent fee agreement must be in writing 4. Rule 56.30 Amdt. Acts book 5. Transitional 6. Commencement 1. Rule 7A.04(7)(

a) of the Rules of the Supreme Court, 1986 is amended by deleting the word "Registrar" and substituting the words "Public Trustee".

Rules of the Supreme Court, 1986 (Amendment) 88/12 The Newfoundland and Labrador Gazette December 14, 2012 1198 2. Rule 20A.08 of the rules is repealed and the following substi- tuted: 20A.08.

(1) Unless ordered otherwise, when (

a) an offer to settle was made by a plaintiff (

i) at least 7 days before commencement of the trial or hearing of the proceeding, and (ii) was not revoked or accep ted prior to commencement of the trial or hearing, and (

b) where that plaintiff obtains a judgment as favourable or more favourable than the terms of the offer to settle, that plaintiff shall be entitled to party and party costs plus taxed dis- bursements to the date of service of the offer to settle and thereafter to double party and party costs plus taxed disbursements.

(2) Unless ordered otherwise, when (

a) an offer to settle was made by a defendant (

i) at least 7 days before the commencement of the trial or hearing of the proceeding, and (ii) was not revoked or accep ted prior to commencement of the trial or hearing, and (

b) where the plaintiff obtains a judgment no more favourable than the terms of the offer to settle, the plaintiff shall be entitled to party and party costs plus taxed dis- bursements to the date of service of the offer to settle, and the defend- ant shall be entitled to party and party costs plus taxed disbursements from the date of service of the offer to settle.

(2.1) Unless ordered otherwise, when Effect of Failure to Accept

Rules of the Supreme Court, 1986 (Amendment) 88/12 The Newfoundland and Labrador Gazette December 14, 2012 1199 (

a) an offer to settle was made by a defendant (

i) at least 7 days before the commencement of the trial or hearing of the proceeding, and (ii) was not revoked or accep ted prior to commencement of the trial or hearing, and (

b) where the plaintiff’s claim is dismissed, the defendant shall be entitled to party and party costs plus taxed dis- bursements to the date of service of the offer to settle and thereafter to double party and party costs plus taxed disbursements.

(2.2) If a plaintiff or defendant is awarded costs after judgment under a column of the Scale of Costs pursuant to rule 55.04, the judge shall not change the column if it is later determined that paragraphs (1), (2) or (2.1) apply.

(3) If after a trial or hearing (

a) an offer to settle had been made and not revoked or accepted prior to commencement of the trial or hearing; and (

b) an application for a determination as to costs based on the application of Rule 20A or rule 56A.26 is made by a party within 15 days following the filing or delivery of the deci- sion or order the decision of a judge with respect to costs shall be suspended pending determination of the application in clause (b).

(4) A determination as to co sts resulting from an application pursuant to paragraph (3) shall, to the extent determined by the judge, replace and be deemed to have repl aced a determination made by the judge as to costs in the original decision or order.

(5) In place of an application pursuant to paragraph (3), the parties may settle the issue of costs on a basis different from that stipu- lated in the original decision or or der by filing, within 15 days follow- ing the filing or delivery of the decision or order, a consent in writing as to the manner of disposition of costs.

Rules of the Supreme Court, 1986 (Amendment) 88/12 The Newfoundland and Labrador Gazette December 14, 2012 1200 (6) Paragraphs (1)-(2.2) do not apply to family proceedings. 3.

(1) Rule 55.17(1) of the ru les is repealed and the following substituted: 55.17.

(1) Where under an agreement referred to in rule 55.16, a solici- tor's compensation is dependent or contingent, in whole or in part, upon the successful disposition of the subject matter, then (

a) the agreement shall be in wr iting and signed by the client or the client's authorized agent; and (

b) a copy of the signed agreement shall be provided to the cli- ent.

(2) Rule 55.17(3) of the rules is repealed.

(3) Rule 55.17(4) of the rule s is repealed and the following substituted:

(4) Where an agreement as mentioned in paragraph (1) does not comply with paragraphs (1) and (2), the solicitor is, upon the successful disposition of the subject matter, entitled only to the compensation as would have been payable in the absence of a contingency arrangement and without regard to the contingency. 4. Rule 56.30(1)(

d) of the rules is repealed and the following substituted: (

d) the names of all persons for whose estates the Public Trustee becomes guardian under subsection (4) of

section 20 of the Mentally Disabled Persons’ Estates Act, together with the effective date of the appointment; and 5. Where a hearing of an app lication under rule 20A.08(3) has commenced prior to February 1, 2 013, then the rules in force prior to February 1, 2013 apply. 6. The amendments in

section 2 come into force on February 1, 2013. ©Queen's Printer Contingent fee agreement must be in writing Transitional Commencement

The Newfoundland and Labrador Gazette December 14, 2012 1201 Correction Notice (December 14, 2012) The Special Purpose Properties Regulations, Newfoundland and Labrador Regulation 89/12, published under the Assessment Act, 2006 on December 7, 2012, page 1169, is corrected by deleting the number "115712" in line 487 of the

Schedule and substituting the number "115772". An incorrect parcel identification number was included in the original publication.

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 14, 2012 1203 Index

PART I Lands Act – Notices ...................................................................................................................................................................... 472 Mineral Act– Notice ........................................................................................................... .......................................................... 471 Quieting of Titles Act – Notice ..................................................................................................................................................... 473 Trustee Act – Notices ........................................................................................................ .......................................................... 475 Urban and Rural Planning Act– Notice .......................................................................................... .............................................. 472

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Assessment Act, 2006 Special Purpose Properties Correction Notice Dec 14/12 p. 1201 Regulations (Correction) NLR 89/12 Judicature Act Rules of Supreme Court, NLR 88/12 Rule 7A.04 Amdt. Dec 14/12 p. 1197 1986 (Amdt.) Rule 20A.08 R&S Rule 55.17 Amdt. Rule 56.30 Amdt.

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 14, 2012 1204 The Newfoundland and Labrador Gazette is published from the Office of the Queen’s Printer. Copy for publication must be received by Friday, 4:30 p.m., seven days before publication date to ensure inclusion in next issue. Advertisements must be submitted in either PD F format or as a MSWord file. When this is not possible, advertisements must be either typewritten or printed legibly, sepa rate from covering letter. Number of inser tions required must be stated and the name s of all signing officers typewritten or printed.

Copy may be mailed to the address below, faxed to (709) 729-1900 or emailed to queensprinter@gov.nl.ca. Advertising rates are available upon request. Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($131.25). Weekly issues of $3.00 per copy, plus tax payable in advance. All cheques, money orders, etc., should be made pa yable to THE NEWFOUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: Office of the Queen’s Printer, P. O. B ox 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6. Telephone (709) 729-3649.

Fax: (709) 729-1900. Web Site: http://www.gs.gov.nl.ca/printer/index.html Place your order by contacting: Office of the Queen’s Printer Confederation Building, East Block St. John’s, NL A1B 4J6 Telephone: (709) 729-3649 Fax: (709) 729-1900 email: queensprinter@gov.nl.ca Government Information Product Publication Rate Mail G.S.T. # R107442683 All requests for Subscription and Legislation MUST be prepaid.