File photo from New Nadina Explorations work on its Silver Queen property. — Photo courtesy New Nadina Explorations New Nadina Explorations Limited (
File photo from New Nadina Explorations work on its Silver Queen property. — Photo courtesy New Nadina Explorations
New Nadina Explorations Limited (the “Company”, TSX VENTURE: NNA) is pleased to report that we have been successful at the Court of Appeal – the Petition brought by C. Donald Christmann and 0712249 B.C. Ltd. has been dismissed. In coming to its decision, the Court of Appeal rejected the arguments put forward by the Appellants, and agreed with the Surface Rights Board of BC (SRB) and the Chambers Judge that “land under cultivation” can have a seasonal aspect. The Appeal was heard by the Court of Appeal in Vancouver on May 5, 2015.
Pursuant to the Court of Appeal’s Rules, New Nadina is also entitled to costs of the appeal.
The decision is a victory for New Nadina and also for others in the industry who can now benefit from the guidance given by the Court of Appeal in this matter.
As a result of this decision, New Nadina can now continue its exploration work. Any remaining issues surrounding conditions on entry or compensation to be paid to the landowner can be dealt with by the Surface Rights Board on an as needed basis.
As background, the Appellants were appealing the decision of Madam Justice Donegan of the BC Supreme Court, given in Kamloops on November 19, 2014. Madam Justice Donegan had dismissed the landowner’s petition for Judicial Review of the decision of the Surface Rights Board of BC after a three-day hearing held June 2013 in Smithers. The SRB found that while the landowner’s “main meadow” was land under cultivation at the time of the hearing, but would no longer be under cultivation when seasonal farming activities ceased.
In September 2011 drilling tested a geophysical anomaly and discovered a copper-molybdenum-gold porphyry on private land. Up to this discovery landowner consent had been freely given. The 2012 drill program strictly adhered to extraordinarily high levels of no footprint drilling as requested by the landowner. Even though New Nadina met all requirements obstruction continued. At this time only 11 drill holes have tested this large anomaly.
New Nadina prides itself in using the highest level of reclamation standards including sterile soil for landscaping, weed control, removal of rocks and where mechanical equipment could cause damage hand tools and labour were used, etc.
The Company has made considerable concessions to not interfere with landowner activities.
A full copy of the decision document will be made available on the Company website under the section “Properties, Silver Queen Reports” (http://www.nadina.com/properties/silver-queen-reports )
