KWG Resources and Cliffs Natural Resources land dispute goes to court of appeal

27 January 2015 (Last Updated January 27th, 2015 18:30)

A subsidiary of KWG Resources, Canada Chrome (CCC), has received an Order of the Court of Appeal of Ontario, which granted leave to appeal against the decision of the Divisional Court of the Ontario Superior Court of Justice, released on 30 July 2014.

A subsidiary of KWG Resources, Canada Chrome (CCC), has received an Order of the Court of Appeal of Ontario, which granted leave to appeal against the decision of the Divisional Court of the Ontario Superior Court of Justice, released on 30 July 2014.

On 1 August 2014, the Divisional Court decision ruled that CCC's consent should be waived in an application for an easement to build a road over its mining claims.

On or before 30 January this year, the company may now file a Notice of Appeal and amend it up to one month thereafter, on or before 2 March 2015.

"[This issue] goes to the root of Canada's world-renowned mining laws and exploration industry leadership."

The respondent, a subsidiary of Cliffs Natural Resources, may then file its responding factum and compendium sixty days after that.

A date will be assigned later for the hearing of the appeal by a three-judge panel of the Court of Appeal for Ontario.

According to the company, the hearing date is expected to be fixed for early summer.

KWG president Frank Smeenk said: "We are very gratified that this issue will be revisited by the Ontario Court of Appeal.

"Many of our exploration industry professionals were left wondering how to protect their investors' interests if claim-staking was no longer to be available for the exclusive exploitation of a discovery.

"We look forward to the Court of Appeal clarifying this issue, which goes to the root of Canada's world-renowned mining laws and exploration industry leadership."

CCC has conducted a $15m surveying and soil testing programme for the engineering and construction of a railroad to the Ring of Fire from Exton, Ontario.