I wonder however if the Crown may effect an expropriation from us for public use purposes - such as a road... Perhaps. But the question risen by KWG's Management is still a good question and the real answer will probably come out of a Civil Court, rather than an administrative body like the Lands Commissioner...

Surprisingly, the Lands Commissioner is more than an "administrative body".

The Mining and Lands Commissioner is appointed by the Lieutenant-Governor in Council pursuant to the Ministry of Natural Resources Act. The Commissioner is unique in government, having characteristics of both the courts and administrative tribunals. The responsibilities are varied and broad, including hearing and deciding staking disputes upon appeal or referral, the issuance of vesting orders, the hearing of prosecutions and broad jurisdiction to decide any matter which arises under the Mining Act.

Linda Kamerman, the Mining Commissioner, OMLC, decides matters for the MNR and MNDMF, based upon the Mining Act, Lands Act, Lakes and Rivers Improvement Act, Aggregate Resources Act, Oil, Gas and Salt Resources Act, Ministry of Natural Resources Act, Conservation Authorities Act and the Aggregate Resources Act.

However, "Cognisant of its unique and rich history, the Supreme Court of Canada characterized the Mining and Lands Commissioner as an inferior Court of appeal. The Ontario Superior Court of Justice refers to the Office as the Mining Court."

Notwithstanding, the Mining Act allows for the "Transfer of proceeding to Superior Court of Justice"

107. A party to a proceeding under this Act brought before the Commissioner and involving any right, privilege or interest or in connection with any patented lands, mining lands, mining claims or mining rights, may, at any stage of the proceeding, apply to the Superior Court of Justice for an order transferring the proceeding to that court. R.S.O. 1990, c. M.14, s. 107; 2000, c. 26, Sched. M, s. 17.

I am not a judge, but the Crown would expose itself to litigation, should it set apart or appropriate the surface rights attached to the land for a public purpose, where the right of way was proved more beneficial to a private entity.

Hope to see you on June 27, 2012