Category: Mining Litigation & Dispute Resolution

A Railway Is Not a Mine: Ontario Court of Appeal Rules on Surface Rights in Unpatented Mining Claims

February 29, 2016

On February 24, 2016, the Ontario Court of Appeal released its decision in 2274659 Ontario Inc. v. Canada Chrome Corporation, confirming the interpretation of sections 50 and 51 of the Ontario Mining Act (Act) as they relate to surface rights in a mining claim. The Court of Appeal held that surface rights in unpatented mining claims are restricted to prospecting…

ICSID Tribunal Upholds High Threshold for Granting Provisional Measures and Ordering Security for Costs

September 16, 2015

  The International Centre for Settlement of Investment Disputes (ICSID) tribunal recently reaffirmed the high threshold for granting provisional measures in investor-state disputes, including in the context of making an order of security for costs against an investor, in the EuroGas Inc. and Belmont Resources Inc. v. Slovak Republic arbitration. The decision confirms that inability to meet a potential costs…

Drilling Down on Mine Development Issues

December 4, 2013

From environmental compliance and social impact assessments to construction and infrastructure development, aboriginal consultation, First Nations agreements and permitting, mining projects in Canada face significant regulatory hurdles. Please join a panel of Blakes lawyers as they discuss issues in mining law that affect you and your business. The Implementation of Regulations Related to the Ontario Mining Act Modernization The Defeat…