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Commissioner's decision:

1. IT IS ORDERED that this Motion be and is hereby dismissed in that the two sentences are not to be considered “evidence of settlement discussions”.

2. IT IS FURTHER ORDERED AND DECLARED that the reference to a dollar figure found in paragraph 50 of the Affidavit of Mr. Frank Smeenk dated the 30th day of May, 2012, being Exhibit 5a in the Merits of this matter, is to be treated as confidential and is hereby redacted.

To summerize, the tribunal will allow KWG's testimony, but it will redact the dollar figure Cliffs offered for the Ring of Fire corridor. This will be a long long legal battle.

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