If I recall correctly, The Mining Commissioner commented in his decision about the lack of participation by the Province (MNDM) who failed to attend the hearing and give any evidence about 'public interest'. In the absence of any evidence of what the public interest could be, his decision was confined to the competing business interests between two companies. The evidence before the commission was that KWGs business interests could be impacted if an easement was conveyed to Cliffs.

In my view, it was the Province who screwed this up initally. I suspect that they failed to attend the hearing as they did not want to own the issue.

Divisional Court has now brought some sanity back into the situation, by recognizing that there is a broad public interest that must be considered.

Lakeside