"To say that the competition between these two entities is keen is an understatement" (The Mining Commissioner.)
Despite that the issue here is of no real interest to us ('are the dollar figures shown in an affidavit referring to the compensation offered by Cliffs to KWG of confidential nature?"), the decision contains quite interesting parts which gives clear indication of KWG goal, i.e. monetizing its Big Daddy asset by all means and of Cliffs' bullying attitude twards its minority partner. A few excerpts:
- "Cliffs made Canada Chrome aware of its intention to seek an easement for a road corridor at least as far back as August 11, 2011."
- "Mr. Boor alleges that CCC’s use of the mining claims to build a railway is actually unlawful.” Canada Chrome (...) was obligated to respond"
- "A section 51 hearing under the Mining Act is one in which the tribunal is charged with the task of trying to determine if a claim holder who refuses to consent to disposition of the surface rights (to which it has a prior right) should be required to share in the use of those surface rights. This is the nub of the multiple use principle."
- "There is no award of compensation by the tribunal to the claim holder should the tribunal find that it should be made to share surface rights usage"
- "KWG further indicated that as far as “appropriate compensation” was concerned, “the impact of the easements on the Big Daddy project will be central and [the] Preliminary Economic Assessment in respect of the Big Daddy deposit will be provided to the Commissioner as the basis for measuring the amount of compensation required.” KWG was interested in “sharing our mutual resources on a holistic basis and we would be interested in examining that concept further"
- "Cliffs indicated that it would move ahead with the section 51 hearing without KWG’s consent “and without any compensation to KWG”
- "As well, Cliffs made reference to “a number of allegations concerning the relationship between KWG and Cliffs in the context of the Big Daddy Project” and argued that the allegations were groundless and were not relevant to the section 51 hearing. While Cliffs acknowledged that discussions with KWG were “good” Cliffs had to proceed with plans to develop the road"
There is more to come for sure... Frank Smeenk and his team have one motto: no way Cliffs will be the only guest to the sunday brunch buffet!
GLTA
(Thanks Laura Brown for the info and link)