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ARTICLE · 10 SEPTEMBER 2012

Leave To Appeal Granted In The Solid Gold Case

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On September 4, 2012, the Ontario Superior Court granted leave to appeal an interim injunction obtained by a First Nation against an exploration company in Ontario.

CanadaEnergy and Natural Resources
Neal Smitheman
Neal Smitheman
Tracy Pratt
Tracy Pratt
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On September 4, 2012, the Ontario Superior Court granted leave to appeal an interim injunction obtained by a First Nation against an exploration company in Ontario, Solid Gold Resources Corp. (Solid Gold). In granting leave, the Court found that there was conflicting case law and good reason to doubt the correctness of the injunction motion decision.

Among other things, the Court was clearly of the view that neither Solid Gold, nor any other junior mining company, has a duty to consult with First Nations before commencing its exploration on traditional territory. Indeed, the Court seriously questioned whether even the Crown has a duty to consult in such situation given the free entry system provided under the current mining regime in Ontario.

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