A Sudbury-based mining company has been ordered to pay more than $440,000 in legal costs after it unsuccessfully sued the provincial government. However, in a statement, Northern Superior Resources Inc. said it is appealing the outcome of the trial and the cost awarded by the Ontario Superior Court of Justice.
“The company will not be required to pay any amount to the province until the appeal has been heard and a decision rendered,” Northern Superior said in a release. “If the appeal of the trial decision is successful, the cost award will most likely be vacated. In addition, even if the company is not successful in overturning the trial decision, the Court of Appeal could still reduce or even vacate the cost award in any event.”
Northern Superior sued the province in 2013 for $110 million, claiming the government failed in its duty to consult with First Nations about its mining claims. It later said it would settle for $25 million.
The suit was based on the company’s loss of several gold claims in northwestern Ontario near the Manitoba border in 2011 after a series of disputes with the Sachigo Lake First Nation in the Thunder Bay area.
Canadianlawyermag.com reported on the case, noting that Justice Thomas Lederer dismissed the action May 25. “To put it simply, Northern Superior cannot reasonably expect to be compensated by the Crown which was never directly involved in its relationship with Sachigo Lake First Nation and who it contacte
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