Seabridge Gold has been drawn into a legal challenge as Tudor Gold has filed an appeal in the British Columbia Supreme Court.

The dispute centres on the rights to use land for the KSM project's Mitchell Treaty Tunnels (MTT), which pass through Tudor's claims.

Tudor's appeal seeks to overturn a decision by the Chief Gold Commissioner (CGC) of British Columbia that supports Seabridge's conditional mineral reserve (CMR) and associated land use rights.

Tudor Gold contends that Seabridge's licence of occupation for the MTT infringes on its mineral claims.

However, Seabridge maintains that it does not claim any rights to the minerals on Tudor's Treaty Creek project and believes the CGC's decision to be correct.

The CGC previously rejected Tudor's application to rescind or cancel the CMR that protects Seabridge's MTT construction and operation.

If Tudor's appeal succeeds, it could lead to the CGC re-evaluating the application and potentially altering the current CMR arrangements.

The CMR remains effective in mid-July 2025, with historical decisions by the Ministry of Mines and the CGC affirming its applicability to Tudor.

Seabridge chair and CEO Rudi Fronk stated: “After Tudor's initial submission to the CGC on January 28, 2025, followed by four additional submissions through April 17, 2025, raising every argument Tudor could devise, the CGC concluded that she did not have the jurisdiction to make the decisions requested by Tudor. Tudor now appears to be trying to obtain a court decision that the CMR does not apply to it.

“We are confident that the judge will dismiss Tudor's appeal.”

In a related development, Seabridge Gold also faces a petition filed in December 2024 by the SkeenaWild Conservation Trust and the Southeast Alaska Indigenous Transboundary Commission (SEITC).

This petition, along with an earlier one from the indigenous group Tsetsaut Skii km Lax Ha (TSKLH), challenges the "substantially started" status of the KSM project.

The British Columbia Minister of Environment and Climate Change Strategy had determined that the project was sufficiently underway to extend its environmental assessment certificate beyond the original expiry date of 29 July 2026.