Seabridge Gold says it is confident the B.C. Supreme Court will dismiss a new legal challenge from Tudor Gold aimed at overturning a decision that upholds Seabridge鈥檚 right to build and maintain a key tunnel route through land staked by Tudor.
In a statement released July 15, Seabridge confirmed Tudor had filed a Notice of Appeal against both the Chief Gold Commissioner (CGC) and Seabridge itself. The appeal seeks to reverse a decision issued earlier this year by the CGC, who rejected Tudor鈥檚 request to cancel or exclude the Conditional Mineral Reserve (CMR) that gives Seabridge priority access through the area for its Mitchell Treaty Tunnels (MTT)鈥攁 critical component of the company鈥檚 KSM Project in northwestern B.C.
鈥淎fter Tudor鈥檚 initial submission to the CGC on Jan. 28, followed by four additional submissions through April 17 raising every argument Tudor could devise, the CGC concluded that she did not have the jurisdiction to make the decisions requested by Tudor,鈥� said Seabridge Chair and CEO Rudi Fronk. 鈥淭udor now appears to be trying to obtain a court decision that the CMR does not apply to it. We are confident that the judge will dismiss Tudor鈥檚 appeal.鈥�
Tudor Gold declined to comment on the specifics of the case, stating it does not intend to litigate the matter publicly. "We can say that we filed our notice of appeal to preserve our rights prior to the expiry of a limitation period," said Tudor president and CEO Joe Ovsenek.
Tudor鈥檚 Treaty Creek Project lies northeast of the KSM site, near the Brucejack and Eskay Creek mines. Covering nearly 18,000 hectares, it includes the Goldstorm Deposit, one of the region鈥檚 largest undeveloped gold resources. Tudor holds a 60 per cent interest in the property.
In her May 28 decision, the Chief Gold Commissioner found that Tudor鈥檚 complaint did not qualify as a dispute under Section 13 of the Mineral Tenure Act (MTA), which allows the CGC to adjudicate conflicts between free miners. 鈥淚 have considered the submissions of the parties. I have concluded that the dispute initiated by Tudor is not a dispute that engages MTA s. 13,鈥� she wrote.
Seabridge said it does not claim any right to the minerals at Treaty Creek, either under its Licence of Occupation or by any other means. It maintains the CMR exists solely to protect its ability to build and maintain the MTT by preventing interference from other users of the land, including Tudor, which is considered a 鈥渇ree miner鈥� under provincial law.
According to Seabridge鈥檚 press release, Tudor contends the CMR amounts to a competing mineral claim and should be ruled on by the CGC. Seabridge disputes that interpretation, stating the CGC acted appropriately in declining to cancel or limit the CMR鈥檚 effect.
The company also noted that the Ministry of Mines has consistently affirmed the CMR鈥檚 applicability to Tudor, including in 2014, early 2024, and again in April 2025.
The KSM Project is regarded as one of the world's largest undeveloped gold projects as measured by reserves and resources, with estimated reserves of 47.3 million ounces of gold and 7.3 billion pounds of copper.
