Mining Arbitrations Can Be Frustrating
December 14, 2023 By Nick Melchiorre Courts in Ontario will usually defer to arbitrators and are reluctant to second guess their decisions. We have written about this before. ISSUE Where does the court draw the line? Courts will act to ensure that arbitrators apply the correct law, especially on arbitrations under the Arbitration Act 1991 […]
When Do Royalty Rights Run with the Land?
July 23, 2022 By Mark Mikulasik A royalty interest in mining claims and leases may be an interest in land, unlike many other contracts affecting the rights of landowners. For historical reasons going back to feudal England, lawmakers have not wanted title to land to be tied up by contractual rights and obligations which may […]
Mining Exploration Permits and the Honour of the Crown: FAQ
June 6, 2022 By Brian Babcock What is the ‘honour of the Crown’? It is a constitutional duty to First Nations (or other Indigenous peoples) which springs from the ongoing process of reconciliation with Indigenous people, a process which is a moral, political, and legal obligation of the Crown. It is an obligation at the […]
Royalty Agreements – Arbitrate or Litigate?
November 13, 2021 By Brian Babcock Despite the complexity of mining royalty agreements, if they contain an arbitration clause, Ontario courts are likely to stay any court proceedings and defer to arbitration. This is consistent with the recent trend to defer commercial disputes to arbitration generally, if that is what the parties agreed to in […]
Supreme Court Clarifies Consultation Responsibilities
[vc_row][vc_column][vc_column_text]August 21, 2014 The Supreme Court of Canada recently released two significant decisions that will affect development in Northwestern Ontario – Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 and Grassy Narrows First Nation v. Ontario, 2014 SCC 48. Tsilhqot’in is the first case to declare the existence of Aboriginal title over approximately 1700 square kilometres of remote lands […]