Ecstall wins dispute’s appeal for claims near Eskay Creek

The Supreme Court of British Columbia has ruled in favor of Ecstall Mining (VSE) in its appeal of the Gold Commissioner’s previous decision to cancel its 20-unit Story 7 claim about one mile from the Eskay Creek gold deposits.

Ecstall’s claim was overstaked in 1989 by Ken McKenzie’s Tagish Resources, which then filed a complaint under Section 35 of British Columbia’s Mineral Tenure Act. The claim inspector who investigated the complaint in 1990 found that 14 claim posts were placed by Ecstall out of the maximum required 18 posts, and he recommended the complaint be dismissed.

But this recommendation was not accepted by the Gold Commissioner who signed an order to cancel the Story 7 claim. Ecstall’s appeal was heard last November, and the Supreme Court ruled in the company’s favor and directed the Gold Commissioner to reinstate the Story 7 claims. Ecstall was also awarded costs against Tagish and Ken McKenzie.

In a separate development, Ecstall’s Story 4 claim was given precedence and validity by the Gold Commissioner as a result of his cancellation of prior existing underlying claims. This claim adjoins the south end of the Silver Butte-American Fibre SIB property in the Eskay Creek area north of Stewart, B.C.

Ecstall is planning substantial exploration programs for both claims in the 1992 season.