KWG subsidiary to appeal court order waiving its consent for land easement – by Henry Lazenby (MiningWeekly.com – August 14, 2014)

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TORONTO (miningweekly.com) – Ontario-focused explorer KWG Resources on Wednesday announced that subsidiary Canada Chrome Corp (CCC) would seek permission from the Ontario Court of Appeal to overturn the July 30 ruling of the Divisional Court of the Ontario Superior Court of Justice that ruled that CCC’s consent should be waived in an application for an easement to build a road over its mining claims.

In its decision in the appeal brought by 2274659 Ontario Inc, a subsidiary of US-based Cliffs Natural Resources, the Divisional Court set aside the decision of the Ontario Mining and Lands Commissioner issued on September 10, granting the original application to dispense with CCC’s permission for an easement over its mining claims.

The Divisional Court, in part, said: “Whether or not it is in the public interest to grant an easement for a road is a matter for the Minister of Natural Resources to determine, after an environmental assessment and consultation with First Nations and other affected interests.

“It is for the Minister to determine whether the easement should be granted in the public interest and on what terms. CCC will be able to participate in that process.”

Elsewhere the judgement held: “…the issue being decided under s.51(4) of the Mining Act does not deprive CCC of its ability at the next stage to oppose Cliffs’ easement application or to ask for conditions that would protect its legitimate interests in its mining claims.”

LEGAL LOGGERHEADS

The remote Ring of Fire in the McFaulds Lake area of the James Bay Lowlands – about 540 km north-east of Thunder Bay – has attracted much attention over the past couple of years, with exploration drills turning for minerals, including chrome, nickel, copper and platinum-group metals.

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