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ARTICLE · 05 MARCH 2014

Wahgoshig First Nation v. Solid Gold Resources Corp., 2013 Onsc 632

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In this case, the Ontario Superior Court of Justice considered when an issue becomes moot such that it need not be heard.

CanadaEnergy and Natural Resources
Nicholas Hughes
Nicholas Hughes
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Wahgoshig First Nation v. Solid Gold Resources Corp., 2013 Onsc 632

In this case, the Ontario Superior Court of Justice considered when an issue becomes moot such that it need not be heard. The case involved an appeal of an interim injunction granted to the Wahgoshig First Nation (First Nation) enjoining Solid Gold Resources Corp. (Solid Gold) from conducting exploration activities for a period of 120 days, and ordered Solid Gold and the Crown to consult with the First Nation. By the time the appeal was heard, the 120-day time limit had expired.

On November 1, 2012, Ontario's Mining Amendment Act, 2009 came into force, which, among other things, required holders of mining claims to file exploration plans and apply for exploration permits before commencing activities where Aboriginal interests may be involved.1 While the mandatory consultation section was not effective until new regulations were in place, there was a transitional provision that gave the

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