NOT's sp will go way up if KWG wins the easement case as CLF will be forced to negotiate a fair price for transport of nickel and chromite ore. A post from the other board....

The Mining Commissioner is expected to make a decision in the case later this month.

Lowboy, the highlighted part refers to the July 5th, 2012 public meeting where the Neskantaga FN requested from Lands Commissioner Kamerman to be granted "party status" to Cliff's application for easement case over KWG's RR mining corridor claims to the RoF.

You might be interested to know that the statement is completely inaccurate and that the Mining Commissioner is not expected to make a decision in the case later this month. There is no basis for this expectation and while it is possible, it is also possible that this decision could take more than a year. It is entirely possible that in July of 2013, a year from now, the commissioner would have not rendered a decision on Neskantaga's "party status" request.

First, we are in vacation time for the next month, so the tribunal will be back in September, and might begin to review the Neskantaga FN request, but their are other requests from other cases which may be ahead of this request.

Next, there are currently three other parties involved, who at any time, can request that Neskantaga not be granted party status. If that should happen, the tribunal would issue those parties an order to file a responce within a certain period. Then Neskantaga, the possible 4th party, would be allowed to file a counter to the responce. At any time, a 5th applicant for party status could emerge, requesting a halt to a decision on party status for the 4th party status request. Also, at any time, Neskantaga's party status request could be moved to the Ontario Superior Court of Justice and that could be moved to the Ontario Court of Appeals, which could then be moved to Canada's Supreme Court.

The above applications, appeals and or requests could all take place before the commission even has a chance to review the merits of the case between the applicant and the respondent. At that point, the merits of the case could take many more years to decide.

Do not assume information to be true by any public source other that the office of the tribunal.

Right now there are two pending decisions which have not been made by the commissioner despite what other posters or news agencies might have published.

1) Ten sections of KWG's evidence are sealed from the public and the tribunal. The commissioner must decide whether the information is admissible to the proceedings and can be included as evidence or stricken. Three people, who are not parties to the case, were present at the public tribunal, and heard contentious sealed KWG testimony. Key information was read out loud by a KWG's lawyer. These three people are currently under a suppression order.

2) The Neskantaga request to be granted party status to the case.

Eventually, if granted "party status", the Neskantaga FN can petition the tribunal to transfer the case to the Ontario Superior Court of Justice and that could be moved to the Ontario Court of Appeals, which could then be moved to Canada's Supreme Court. Ontario's neglect to consult in advance of agreements with Cliffs as per Aborginal treaties, and Canada's CEAA acceptance of the less stringent "Comprehensive Study Environmental Assessment" (EA) process, instead of a full Joint Review Panel (EA) are at issue.

Cliff's can withdraw it's application for easement, but not at any time. For example, if any party is granted a transfer to a higher court for any issue, the easement application is halted until the higher court hears and decides that issue.

This is high stakes poker folks and the pot is growing. KWG is not bluffing. Cliff's is risking everything by not negotiating with the FN and KWG.