In my humble opinion, the Divisional court's reasoning behind the ruling is fundamentally flawed, and that will be proven at the next round of appeals.
KWG is looking for justice. Those wheels turn slow sometimes but they turn.
The Attorney General's Office stepping into the case signalled a path that leads the Ontario Liberals to the Supreme Court. At some point along the way, high ranking MNDM officials will be called to testify and we will finally get some answers to what was negotiated behind closed doors.
This case was never about "Whether or not it is in the public interest to grant an easement for a road is a matter for the Minister of Natural Resources to determine." All parties were well aware that only the Minister of Natural Resources can make that determination but in due course of law.
This case is about whether the Minister of Natural Resources can effect an expropriation from a minority joint-venturer, the respondent, in order to prefer the exclusive interest of the majority joint-venturer, the applicant, to it's own benefit, without just and public proven specific cause upon hearing.
Any provincial investment into a "provincial development corporation" will have to wait until this right of way is settled.
So sit back, get comfortable, it may be a long Cinema Show!