As indicated in my post on NOT board, it was a convoluted ruling from the Divisional Court. Let me be so bold to provide my own interpretation (no lawyer).

1. It may appear that CLF was winning, since the Appeal was allowed, and the Commisioner's ruling set aside. But, the ruling did not say that CLF won in its the easement application (to the Lands and Mines Office). So back to the beginning, but what would be the status of that application? Who will look at the application this time, another tribunal with a different Commissioner?

2. It would be an entirely different situation if the new CLF decided to withdraw the easement application. Casablanca may decide to have a chat with Frank instead.

3. The government (the Minister) has the last say in the easement (in the public interest) regardless. This is nothing new. But the judge went on to state the usual steps, the government must go through, EA, consultation with interested parties, the FNs, KWG/CCC, and others. Again, these are nothing new, just common sense. This also means that if the claims by CCC were appropriated (the last resort) then CCC would be fairly compensated.

4. KWG/CCC still has the right to oppose CLF's (or any other) easement application, or ask for conditions to be applied to its legitimate interests in its mining claims (Quote in ruling, the judge said: "I would add that 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.)

My crystal ball says, if CLF does not widthdraw the original easement application then KWG lawyers would quickly file an objection. But it may not need to come to this after some chin-wag with Casablanca.

The judge's message was essentially "get going with your negotiated settlement, and don't bother the court anymore with the squabbling. It was cleaverly crafted to avoid pushing anyone into a corner, including the government. But, it also give some subtle (?) hint to the government on how to conduct its business in a systematic (and fair) way. As if the government does not know how to do this itself, lol!

goldhunter