Newfoundland and Labrador Gazette, Part I — 1 May 2015, Vol. 90, No. 18 — Government Notices and Official Publications
NLG 2015-05-01
Newfoundland and Labrador — Gazette
167 THE NEWFOUNDLAND AND LABRADOR GAZETTE
PART I PUBLISHED BY AUTHORITY Vol. 90 ST. JOHN’S, FRIDAY, MAY 1, 2015 No. 18 JUDICATURE ACT SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION Rules of the Supreme Court, 1986 PRACTICE NOTE P.N. (TD) No. 2015-01 DATE ISSUED: April 28, 2015 RULES AFFECTED: 56A.21, Form 56A.21B EFFECTIVE DATE: Upon publication PREVIOUS PRACTICE NOTES REVISED: N/A The following Practice Note is published pursuant to Rule 4.04 of the Rules of the Supreme Court, 1986. CASE MANAGEMENT MEETINGS IN FAMILY PROCEEDINGS Background and Purpose 1.
All parties and their counsel must appear at an initial ca se management meeting following the initiation of a family proceeding and any subsequent case management meetings. These meetings are crucial both to resolving matters in a timely, cost-effective manner and to the Court’s overall caseflow management. 2. Case management meetings are governed by rule 56A.21 (“How case management works”). 3. In order to be effective, parties must prepare appropriately for these meetings.
Concern has been raised that parties are inadequately prepared when attending case management mee tings and are unable to discuss the matters listed in rule 56A.21(4).
THE NEWFOUNDLAND AND LABRADOR GAZETTE May 1, 2015 168 4. In particular, parties are attending case management meetings unprepared to di scuss whether there is any relevant evidence which must be disclosed. Inst ead of requesting an order pursuant to rule 56A.21(5)(
a) or (
q) at the case management meeting, parties are applying for documentary disclosure or examinations for discovery after the case management meeting. As a result, parties are coming before the Court unnecessarily. 5. Further, in case mana gement meetings where a party is requesting a trial date, parties are attending the meeting unprepared to discuss the matters set out in Form 56A.21B. 6. It has also come to the Court’s attention that parties are filing affidavits and documents other than Form 56A.21B for case management meetings.
Su ch documents are not required for case mana gement meetings and should not be filed for these appearances. Practice Note 7. All parties must appear at the initial case management meeting following the initiation of a family proceeding and any subsequent case management meetings. 8. All parties attending case management meetings must be prepared to discu ss all of the matters listed in rule 56A.21(4). Specifically, parties must be prepared to: (
a) explore the chances of settling the case; (
b) identify the issues that are in dispute and those that are not in dispute; (
c) explore ways to resolve the issues that are in dispute; (
d) identify relevant evidence which must be disclosed; (
e) identify facts which, if admitted, would simplify the case; (
f) set the date for the next step in the case; (
g) agree to a specific timetable for the steps to be taken in the case before it comes to trial; and (
h) discuss whether a settlement conference is appropriate. 9. Where parties identify relevant evidence that must be disclosed, the parties should request an order for documentary disclosure or examination for discovery (pursuant to ru le 56A.21(5)(
a) or 56A.21(5)(q)) at the case management meeting. 10. Where a party is requesting a trial date at a case management meeting, parties must file Form 56A.21B and be prepared to discuss all matters set out in Form 56A.21B. 11. Parties must not file affidavits or other documents (oth er than Form 56A.21B) in relation to a case management meeting unless such documents are required by law, prior court order or as directed by a judge. 12.
All parties and their counsel must be present in person at case management meetings unless the party or his/her lawyer has made arrangements to appear by telephone and receives permission from the Court. 13. Appearances by telephone at ca se management meetings are governed by Ru le 47A.03. That rule requires that the party, or his/her lawyer, contact the Regi stry at the Family Division or other ap propriate judicial centre no later than noon the day before the scheduled case mana gement meeting to request permissi on to appear by phone.
The party or his/her lawyer must advise the Registry of the reason why a telephone appearan ce is necessary. If the judge hearing the matter agrees to the telephone appearance , the party or his/her lawyer shall pr ovide a contact tele phone number to the Registry. The party or his/her lawyer must also confirm the contact information via email (or as otherwise directed by the Registry). The party or his/her lawyer shall then make arrangements with the Registry for their telephone appearance in accordance with the practice of the Court.
PLEASE NOTE that when appearing by telephone you may be required to use the CourtCall service (operated by CourtCall, LLC). This service provider requires three days’ notice to set up your call. If you are required to use CourtCall, it is therefore advisable that you seek the Court’s permission to appear by phone at least 3-4 days before your appearance so that you can make the appropriate arrangements with CourtCall. If you are uncertain whether you will be requir ed to use the CourtCall service, please contact the Court Registry in the centre where your matter is being heard.
THE NEWFOUNDLAND AND LABRADOR GAZETTE May 1, 2015 169 14. This practice note does not apply to civil or criminal proceedings. Authorized by: Raymond P. Whalen CHIEF JUSTICE (
A) OF THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION Darlene Wells REGISTRAR OF THE TRIAL DIVISION OF THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR May 1 SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION Rules of the Supreme Court, 1986 PRACTICE NOTE P.N. (TD) No. 2015-02 DATE ISSUED: April 28, 2015 RULES AFFECTED: 56A.17, 56A.18, 56A.19 EFFECTIVE DATE: Upon publication PREVIOUS PRACTICE NOTES REVISED: P.N. (TD) No. 2011-02 The following Practice Note is published pursuant to Rule 4.04 of the Rules of the Supreme Court, 1986.
APPLICATIONS BROUGHT WITHOUT NOTICE TO THE OTHER PARTY AND ASSOCIATED APPLICATIONS BROUGHT WITH NOTICE IN FAMILY PROCEEDINGS Background and Purpose 1. The following practice note provides guidance on the issuance and disposition in family pr oceedings of applications brought without notice to the other party and the associated applications brought with notice to the other party. 2. Applications brought without notice are only permissible wher e a statute or rule permits it. Rule 56A.17(1)(
b) specifies that an application may be made without notice to a party or another person inte rested or affected where the court is satisfied that, (
i) the delay caused by giving notice would or may impose serious harm or prejudice on the applicant or a child affected by the application; (ii) there is a degree of urgency or another reason that makes it inappropriate to give notice; or (iii) the circumstances of the case make notice unnecessary. 3. The procedure on applications brought without notice is governed by rules 56A.17, 56A.18, and 56A.19. 4. In general, applications ma de without notice to the other party are lim ited to temporary relief.
Following a “without notice” application, the applicant must also file a subseque nt application with notice to the other party in order to seek more permanent relief. Some procedural applications (such as a pplications to renew an originating application,
THE NEWFOUNDLAND AND LABRADOR GAZETTE May 1, 2015 170 applications for substituted service, and applications for an extension of time for service) do not require a return date or a subsequent “with notice” application. 5. The Registry must set an early return date, within seven days of the order, to hear the subsequent “with notice ” application (rule 56A.18(2)). 6. The intention of the return date appearan ce is to consider permanent relief for only those matters that were addressed on the prior “without notice” application. 7.
It has come to the attention of the Court that a considerab le number of subsequent applications brought with notice have not been in compliance with rules 56A.17 and 56A.18. Specifically, concern has been raised that applicants appearing on subsequent “with notice” applications are seeking relief on issues that were not dealt with on th e prior application and would not have been appropriately dealt with on a without notice basis. 8. To clarify the practice and procedure that should be followed on such applications , it is considered appropriate to issue the following practice note. Practice Note 9.
Since the Court hears from only one party on an application br ought without notice, these applications are limited to the circumstances listed in rule 56A.17(1). To establish that it is a ppropriate to hear an appl ication without notice, the applicant must file (among other things) an affidavit setting out the reasons why a without notice application is necessary. In the affidavit, the applicant must also list the steps that have been taken or may be taken to minimize any potential prejudice to the other party. 10.
The without notice application should only include issues that require relief on a without notice basis. If parties wish to raise broader issues that do not necessitate relief on a without notice basis, they should submit a separate application. 11. An applicant who brings an applicati on without notice must also bring a subsequent application seeking more permanent relief with notice (rule 56A.17(2)(b)). The “with notice” a pplication should only include the issues raised on the prior “without notice” application.
Some procedur al applications (such as applications to renew an originating application, applications for substituted service, and applications for an extension of time for service) do not require a return date and do not require a subsequent “with notice” application. 12. Wherever possible, the applicant should include a dr aft of the formal order sought on the application. 13. When an application without notice is filed with the Court, the Court may: (
i) refuse to hear the application until notice is given to a party or person affected by or interested in the application; (ii) shorten the normal time for the giving of notice; (iii) order that a hearing be held as quickly as possible; (iv) hear the application without notice on terms and conditions the Court considers just; and/or (
v) make another order that ba lances the interests of the applicant with the interests of a party or person affected by or interested in the application. (See rule 56A.17(3).) 14. When hearing an application without notice a judge may, in his or her discretion, do one or more of the following: (
i) without ruling on the application, require the applic ant to provide additional information in appropriate form, and so indicate by means of a signed and dated endorsement on the application itself; (ii) without ruling on the application, require the applicant to appear in open court to address the application, and so indicate by means of a signed and dated endorsement on the application itself;
THE NEWFOUNDLAND AND LABRADOR GAZETTE May 1, 2015 171 (iii) allow the application and so indi cate on the application itself by means of a signed and dated endorsement which provides, where the judge consid ers it necessary, reasons in
summary form for allowing the application; (iv) dismiss the application and so indicate on the application itself by means of a signed and dated endorsement which includes reasons in
summary form for dismissing the application; (
v) sign a formal order reflecting the disposition of the application; (vi) where appropriate, direct the Registry to set a return date for an inter partes appearance in accordance with r. 56A.18(2). 15. If the judge does not sign a formal order reflecting the disposit ion of the application, the endorsement of the judge on the application itself will be considered for all purposes to be the formal order. 16.
Upon the return of the file to the Registry, the Registry w ill advise the applicant of the disposition of the application (granted, refused, or otherwise) as refl ected in the written endorsement on the a pplication or order. The Registry will enter the disposition of the application into the Court’s case management system. 17. Where the Court grants an order on an application brought with out notice, a return date will be set within seven days. The applicant must provide all other
part ies and interested persons with notice of the return hearing date, the original “without notice” application, and the proposed application for more permanent relief. 18. On the subsequent “with notice” appearance, the Court wi ll only address issues that were de alt with in that order. It is inappropriate for parties to raise any additional issues. Parties will be required to amend their applications and any affidavits to reflect only those issues that the Court addressed in the order. 19.
This practice note does not apply to warrants under the Children and Youth Care and Protection Act , SNL 2010, cC- 12.2. 20. This practice note repe als P.N. (TD) No. 2011-02. Authorized by: Raymond P.
Whalen CHIEF JUSTICE OF THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION Darlene Wells REGISTRAR OF THE TRIAL DIVISION OF THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR May 1 SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION Rules of the Supreme Court, 1986 PRACTICE NOTE P.N. (TD) No. 2015-03 DATE ISSUED: April 28, 2015 RULES AFFECTED: 56A.08(2), Form 56A.16A EFFECTIVE DATE: Upon publication PREVIOUS PRACTICE NOTES REVISED: N/A
THE NEWFOUNDLAND AND LABRADOR GAZETTE May 1, 2015 172 The following Practice Note is published pursuant to Rule 4.04 of the Rules of the Supreme Court, 1986. STYLE OF CAUSE IN FAMILY PROCEEDINGS Background and Purpose 1. Concern has been raised pertaining to problems with counsel and litigants ch anging the style of cause on court documents in family proceedings in the Trial Division. 2. Rule 56A.08(2) states that the “description of the parties in the style of cause shall remain the same in any subsequent pleadings in that cause of action”.
This means that the party listed as the applicant on the originating application must be listed as the applicant on all subseque nt documents filed with the Court. This is so even where the applicant is responding to a subsequent application. 3. Parties are, with increasing frequency, failing to abide by rule 56A.08(2) and changing the designations of the parties on subsequent filings. This probl em arises particularly where parties file in terim and interlocutory applications in an ongoing matter. 4.
On any subsequent application where it is not immediately obvious which party is filing a document, the applying party can be fully identified, as contemplated by the openi ng paragraph of Form 56A.16A , which states, "TAKE NOTICE that an application will be made to the presiding judge in chambers… on behalf of the applicant (or respondent, as the case may be) for an order that…” 5. To achieve consistency in the use of th e style of cause on court documents and to clarify the practice and procedure in relation thereto, it is considered appropriate to issue the following practice note. Practice Note 6.
All pleadings and other documents filed in family proceedings subsequent to the originating application shall bear the original unchanged style of cause before being accepted by the Registry of the Trial Division for filing. 7. This practice note does not apply to civil or criminal proceedings and does not alter the practice set out in Practice Note P.N. (TD) No. 2004-01.
Authorized by: Raymond Whalen CHIEF JUSTICE OF THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION Darlene Wells REGISTRAR OF THE TRIAL DIVISION OF THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR May 1 PROVINCIAL COURT ACT, 1991 SALARY AND BENEFITS TRIBUNAL OF THE PROVINCIAL COURT OF NEWFOUNDLAND AND LABRADOR PUBLIC NOTICE OF TRIBUNAL HEARINGS NOTICE TAKE NOTICE that the Salary and Benefits Tribunal of the Provincial Court of Newfoundland and Labrador will be reviewing the salary and benefits of the Provincial Court Judges and reporting to the Minister of Justice and Public Safety, pursuant to
section 28.1 of the Provincial Court Act, 1991, as amended.
THE NEWFOUNDLAND AND LABRADOR GAZETTE May 1, 2015 173 The Tribunal will be holding hearings on May 25, 26, 27, 28 and 29, 2015 between the hours of 10:00 am and 4:30 pm at the hearing room of the Royal Newfoundland Constabulary Public Complaints Commission at 689 Topsail Road, St. John’s, Newfoundland and Labrador. Anyone who wishes to make an oral presentation to the Tribunal at this hearing should advise the Tribunal in writing to the attention of D. Bradford L. Wicks, Q.C., Tribunal Chair, at 34 Harvey Road, P.O. Box 5236, St. John’s, NL, A1C 5W1 or by email to bwicks@wrmmlaw.com on or before May 18, 2015.
A specific appearance time for an oral presentation during the dates above shall then be arranged by the Tribunal. The Tribunal further directs that any written presentation be filed with the Chair of the Tribunal on or before May 18, 2015. Dated at St. John’s, this 1st day of April, 2015. TRIBUNAL D. Bradford L. Wicks, Q.C., Chair David Eaton, Q.C., Member John R. Whelan, Member Apr 10 & May 1 MINERAL ACT NOTICE Published in accordance with
section 62 of CNLR 1143/96 under the Mineral Act, RSNL1990 cM-12, as amended. Mineral rights to the following mineral licenses have reverted to the Crown: Mineral License 009254M Held by Gordon, Troy Situate near Hinds Brook, Central NL On map sheet 12H/03 Mineral License 012992M Held by Newfoundland and Labrador Refining Corporation Situate near Come By Ch ance Point, Avalon Peninsula On map sheet 01M/16 A portion of license 022515M Held by Sokoman Iron Corp. Situate near Gabbro Lake On map sheet 23H/11, 23H/12 more particularly described in an application on file at Department of Natural Resources.
A portion of license 022500M Held by Sokoman Iron Corp. Situate near Gabbro Lake On map sheet 23H/11, 23H/12 more particularly described in an application on file at Department of Natural Resources. Mineral License 017388M Held by Mercer, William Situate near Dawes Pond, Central NL On map sheet 12H/01 Mineral License 017432M Held by Quinlan, Eddie Situate near Gander Lake, Central NL On map sheet 02D/15 Mineral License 018396M Held by McLennon, Tom Situate near West of Millertown, Central NL On map sheet 12A/15 Mineral License 019772M Held by Atlantic Antimony Ltd.
Situate near Northwest Gander River, Central NL On map sheet 02D/11 A portion of license 023090M Held by Fox, Natasha Khan Situate near Rocky Pond Area, Western Nfld On map sheet 12H/05 more particularly described in an application on file at Department of Natural Resources. Mineral License 020766M Held by Ubique Minerals Ltd.
Situate near Doucers Brook, White Bay Area On map sheet 12H/10 Mineral License 020768M Held by Crocker, James Richard Situate near Gander Lake Area, Central NL On map sheet 02D/16 Mineral License 020769M Held by Rose, Shawn Situate near Little Barachois Brook, Western NL On map sheet 12A/05, 12B/08 Mineral License 021791M Held by Kennedy, Noreen Situate near Gander Lake, Central NL On map sheet 02D/15 Mineral License 021792M Held by Quinlan, Marilyn Situate near Gander Lake, Central NL On map sheet 02D/15 Mineral License 021793M Held by Quinlan, Marilyn Situate near Gander Lake, Central NL On map sheet 02D/15
THE NEWFOUNDLAND AND LABRADOR GAZETTE May 1, 2015 174 Mineral License 021794M Held by Commander Resources Ltd. Situate near Adlatok River On map sheet 13N/05 Mineral License 021795M Held by Commander Resources Ltd. Situate near Adlatok River On map sheet 13N/05 Mineral License 021796M Held by Commander Resources Ltd. Situate near Adlatok River On map sheet 13N/05 Mineral License 021797M Held by Commander Resources Ltd. Situate near Adlatok River On map sheet 13N/05 Mineral License 021798M Held by Commander Resources Ltd.
Situate near North of Adlatok River On map sheet 13M/08, 13M/09 Mineral License 021799M Held by Hillier, Lloyd Situate near Salmonier River, Burin Peninsula On map sheet 01L/13 Mineral License 021800M Held by Hillier, Lloyd Situate near Salmonier River, Burin Peninsula On map sheet 01M/04, 01L/13 Mineral License 021801M Held by Hillier, Lloyd Situate near L'Anse au Loup Brook, Burin Peninsula On map sheet 01M/04, 01L/13 Mineral License 021802M Held by Turpin, Alexander J. Situate near Strouds Pond Area, Burin Peninsula On map sheet 01M/03 Mineral License 021803M Held by Turpin, Alexander J.
Situate near Beacon Hill, Burin Peninsula On map sheet 01M/03 Mineral License 021804M Held by Turpin, Alexander J. Situate near Beacon Hill, Burin Peninsula On map sheet 01M/03 Mineral License 021807M Held by Turpin, Alexander J.
Situate near Lawn Area, Burin Peninsula On map sheet 01L/13 Mineral License 021808M Held by Kelly Jr, Daniel Situate near Lawn Area, Burin Peninsula On map sheet 01L/13 Mineral License 021809M Held by Baker, George Situate near Weirs Brook Area, Central NL On map sheet 02E/02, 02E/01 Mineral License 021810M Held by Baker, George Situate near Gander Area, Central NL On map sheet 02D/15 Mineral License 021811M Held by Baker, George Situate near Gander Lake, Central NL On map sheet 02D/15 Mineral License 021812M Held by Hillier, Lloyd Situate near Pottles Bay On map sheet 13I/05, 13I/12 Mineral License 021813M Held by Baker, George Situate near First Burnt Pond, Central NL On map sheet 02D/16 A portion of license 022040M Held by Dahrouge Geological Consulting Ltd.
Situate near Tasialuk Lake On map sheet 14C/04 more particularly described in an application on file at Department of Natural Resources. A portion of license 022041M Held by Dahrouge Geological Consulting Ltd. Situate near Tasialuk Lake On map sheet 14C/04 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 CNLR 1143/96 and NLR 71/98, 104/98, 97/00, 36/01, 31/04, 78/06, 8/08, 28/09 and 5/13 and outlined on 1:50 000 scale digital maps maintained by the Department of Natura l Resources, will be open for staking after the hour of 9:00 a.m. on the 32 nd clear day after the date of this publication.
DEPARTMENT OF NATURAL RESOURCES JUSTIN LAKE Manager - Mineral Rights File #'s 774: 5064, 7851, 8295, 8297; 775: 0933, 0959, 1752, 2878, 3401, 3600, 3602, 3603, 4128, 4248, 4249, 4250, 4251, 4252, 4253, 4254, 4255, 4256, 4257, 4258, 4259, 4260, 4261, 4264, 4265, 4266, 4267, 4268, 4269, 4270, 4399, 4400 May 1
THE NEWFOUNDLAND AND LABRADOR GAZETTE May 1, 2015 175 CITY OF MOUNT PEARL ACT MOUNT PEARL NOISE REGULATIONS 2015 NOTICE OF ADOPTION TAKE NOTICE that the M OUNT PEARL City Council has adopted the Mount P earl Noise Regulations 2015 pursuant to the City of Mount Pearl Act on April 21, 2015. The Regulations come into effect on June 1, 2015. Any person who wishes to view th e Regulations may do so at the office of the Chief Administrative Officer or by visiting the City’s website www.mountpearl.ca.
CITY OF MOUNT PEARL Michele Peach, Chief Administrative Officer May 1 URBAN AND RURAL PLANNING ACT, 2000 NOTICE OF REGISTRATION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NO. 118, 2014 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NO. 586, 2014 TAKE NOTICE that the ST. JOHN’S Municipal Plan Amendment Number 118, 2014, and the ST. JOHN’S Development Regulations Amendment Number 586, 2014 adopted on the 5 th day of May, 2014, and approved on the 24th day of June, 2014 and on the 15 th day of July, 2014, have been registered by the Minister of Municipal and Intergovernmental Affairs.
In general terms, the purpose of Municipal Plan Amendment Number 118, 2014, is to allow building heights limited to 18 metres (four (4) storeys) for the Belvedere property. In general terms, the purpose of Development Regulations Amendment Number 586, 2014, is to allow an additional storey of building height, from th ree (3) to four (4) storeys, for the Belvedere property, and to allow residential units on the ground floor in the Commercial Office (CO) Zone. These amendments come into effect on the date that this notice is printed in The Newfoundland and Labrador Gazette.
Anyone who wishes to inspect a copy of the amendments may do so at th e Department of Planning, 3 rd Floor, St. John’s City Hall during regular business hours. CITY OF ST. JOHN’S Ken O’Brien, MCIP –Chief Municipal Planner May 1 QUIETING OF TITLES ACT 2015 01G NO. 436 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) IN THE MATTER of an Application of FRANCIS MCCUE pursuant to the Quieting of Titles Act , RSNL1990 cQ-3.
AND IN THE MATTER of that piece or parcel of land situate at Marysvale, in the Province of Newfoundland and Labrador (hereinafter referred to as the "Subject Property") NOTICE OF APPLICATION under the Quieting of Titles Act, RSNL1990 cQ-3. NOTICE IS HEREBY given to all parties that FRANCIS MCCUE has applied to the Supreme Court of Newfoundland and Labrador, St. John's, to have the title to ALL THAT piece or parcel of land situate in the Town of Marysvale, in the Province of Newfoundland and Labrador and being more particularly described in
Schedule "A" hereto annexed and outlined on the plan annexed hereto marked
Schedule "B" for which he claims to be the owner, investigated and for a Declaration that he is the absolute owner in fee simple and that he has been ordered to publish notice of the Application as required by the before noted Act. All persons having title adverse to the said title claimed by FRANCIS MCCUE shall file in the Registry of the Supreme Court of Newfoundland and Labrador, St.
John's, in the Province of Newfoundland and Labrador, particulars of such adverse claim and serve the same together with an Affidavit verifying same on the undersigned Solicitor for the Applicant on or before the 31st day of May, 2015 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 then be investigated in such manner as the said Supreme Court of Newfoundland and Labrador, St. John's, may direct.
Dated at Bay Roberts, in the Province of Newfoundland and Labrador, this 21 st day of April, 2015. MORROW & MORROW Solicitor for the Applicant PER: Adam S. Gosse
THE NEWFOUNDLAND AND LABRADOR GAZETTE May 1, 2015 176 ADDRESS FOR SERVICE: 344 Conception Bay Highway P.O. Box 870 Bay Roberts, NL A0A 1G0 Tel: (709) 786-9207 888-786-9207 Fax: (709) 786-9507
SCHEDULE "A" FRANCIS MCCUE Conception Bay Highway Marysvale, NL All that piece or parcel of land situate and being at the Town of Marysvale, NL and being bounded and abutted as follows: Beginning at a point in the northwestern limit of Conception Bay Highway, sa id point having NAD 83 coordinates of North 5 261 136.794 metres and East 287 770.703 metres of the three degree modified Transverse Mercator Projection.
THENCE running by land of FRANCIS MCCUE, surveyed by Squires Surveys under Job Number 10-A827 North 81 degrees 12 minutes 57 seconds West, 78.082 metres; THENCE running along the sinuosities of the waters of Three Island Pond for a distance of ±119.23 metres which straight line bearing and dist ance from the last mentioned point is North 22 degrees 23 minutes 18 seconds East, 113.573 metres; THENCE running along the northern limit of a Right of Way, 2.1 metres wide, South 89 degrees 59 minutes 57 seconds East, 40.504 metres; THENCE running along the said limit of the Conception Bay Highway, 30.48 metres wide, South 06 degrees 52 minutes 41 seconds West, 75.804 metres; THENCE continuing along the said limit of the Conception Bay Highway being an arc of a curve to the left and having a radius of 99.938 metres and a chord bearing and distance South 03 degrees 24 minutes 23 seconds East, 41.752 metres, more or less, to the point of beginning and containing an area of 0.617 hectares, more or less.
Which land is more particul arly shown and delineated on
Schedule "B" attached dated October 14, 2014. All bearings being referred to the meridian of 53 degrees west longitude. May 1
THE NEWFOUNDLAND AND LABRADOR GAZETTE May 1, 2015 177 TRUSTEE ACT ESTATE NOTICE IN THE MATTER of the Estate of GLEN STEPHEN POWER, Late of St. John's. in the Province of Newfoundland and Labrador, Carpenter, Deceased; All persons claiming to be creditors of or who have any claims or demands upon or aff ecting the Estate of GLEN STEPHEN POWER late of St. J ohn's, aforesaid, deceased. are hereby requested to send particulars therein in writing, duly attested to Olga McWilliam Benson of Rogers Bristow Moyse, P.O. Box 26009, 102 LeMa rchant Road, St.
John's, NL A1E 0A5 Solicitor for the Administratrix, on or before May 30, 2015, after which date the Administratrix will proceed to distribute the said estate having regard only to the claims of which they shall have had notice. DATED at St. John's, this 23 rd day of April 2015. ROGERS BRISTOW MOYSE Solicitor for the Administratrix of the Estate of GLEN STEPHEN POWER PER: Olga McWilliam Benson ADDRESS FOR SERVICE IS: P.O. Box 26009 102 LeMarchant Road St John's, NL A1E 0A5 Tel: (709) 722-3777/738-0001 Fax: (709) 722-0740 May 1 ESTATE NOTICE IN THE MATTER of the Estate of WALLACE SMITH, late of St.
John’s, in the Province of Newfoundland and Labrador, Deceased, ALL PERSONS claiming to be creditors of or who have any claims or demands either as beneficiaries or next of kin (by blood, legal adoption or marriage) upon or affecting the Estate of WALLACE SMITH, Ge ntleman, who died at St. John’s, NL on or about April 28, 2011, are hereby requested to send particulars thereof in writing, duly attested, to the Office of the Public Trustee, 401 - 136 Crosbie Road, St.
John’s, NL, A1B 3K3, Administrator of the Estate of Albert Whalen , on or before May 31, 2015, after which date the said Administrator will proceed to distribute the Estate having re gard only to the claims of which he then shall have had notice. Dated at St. John’s, this 23th day of April, 2015. OFFICE OF THE PUBLIC TRUSTEE Administrator of the Estate of WALLACE SMITH ADDRESS FOR SERVICE: Viking Building 401 - 136 Crosbie Road St. John’s, NL, A1B 3K3 Tel: (709) 729-0850 Fax: (709) 729-3063 May 1
THE NEWFOUNDLAND AND LABRADOR GAZETTE
PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 90 ST. JOHN’S, FRIDAY, MAY 1, 2015 No. 18 NEWFOUNDLAND AND LABRADOR REGULATION NLR 34/15
The Newfoundland and Labrador Gazette May 1, 2015 213 NEWFOUNDLAND AND LABRADOR REGULATION 34/15 Mineral Regulations (Amendment) under the Mineral Act (O.C. 2015-102) (Filed May 1, 2015) Under the authority of
section 41 of the Mineral Act, the Lieuten- ant-Governor in Council makes the following regulations. Dated at St. John’s, May 1, 2015. Julia Mullaley Clerk of the Executive Council REGULATIONS Analysis 1. Sch B R&S 1.
Schedule B of the Mineral Regulations is repealed and the following substituted: CNLR 1143/96 as amended
Mineral Regulations (Amendment) 34/15 The Newfoundland and Labrador Gazette May 1, 2015 214
Schedule B Fees Reference in the Regulations Subject Fee
Section 40 Annual rental for mining lease May 1/15 - March 31/16: April 1/16 onwards: $105/ha $120/ha ©Queen's Printer
THE NEWFOUNDLAND AND LABRADOR GAZETTE May 1, 2015 215 Index
PART I City of Mount Pearl Act – Notice .............................................................................................. ................................................... 175 Judicature Act – Notices ...................................................................................................... ......................................................... 167 Mineral Act – Notice .......................................................................................................... .......................................................... 173 Provincial Court Act, 1991 – Notice ............................................................................................................................................. 172 Quieting of Titles Act – Notice ..................................................................................................................................................... 175 Trustee Act – Notices ......................................................................................................... .......................................................... 177 Urban and Rural Planning Act, 2000 – Notice .............................................................................................................................. 175
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. Mineral Act Mineral Regulations NLR 34/15 Am ends May 1/15 p. 213 (Amdt.) NLR 1143/96 Sch. B R&S
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