Your explanation is appreciated however I stand by my statement that the deal was struck to avoid legal action which would be both lengthy and costly.
The fact that Probe staked claims while in discussion with Noront certainly could be 'material' but has to be proved that Probe 'did the dirty' and that would not be a 'slam dunk' court hearing. If it was that clear cut you wouldn't have seen the 'jv agreement' done to settle matters.
Been there with another company and sat in on Court proceedings dealing with disagreement between mining companies and it's not something anyone wants to go through if there is any way to agree out of court.