The facts are quite different, but the following ruling (link below) from the Lands Commissionner is a good read to have an overall look at what is at stake as regards to surface rights... (Somewhat fragile, I may see!) And could be valueless. In this case the respondants (the Gagnés) were allowed $31000, as offered and paid by the Ministry.

I'm not expert in mining law (not even close), but in searching a bit, I never saw the kind of staking made by KWG on a huge imaginary line likely to hold a route. Was the intention to mine those claims, or to collect a potential non-mining fee? Intention seems to be taken into account in reading the following decision... GLTA. BaBe

http://www.web2.mnr.gov.on.ca/mnr/omlc/MNR%20v%20Gagne%20et_al_Con.htm