Your position is supported by the mining tribunal in MA 005-12-FINAL ORDER - 2274659 v CCC.pdf, page 38;

"The business relationship between Cliffs and KWG began to unravel in May, 2010, when Cliffs offered to buy out KWG and, after buying out its joint venture partner, Spider, placed KWG in a minority shareholder position with respect to control of the Big Daddy deposit.

Perhaps in the spring of 2010, but definitely by 2011, KWG learned that Cliffs was interested in building a private road over KWG’s mining claims so as to access the Black Thor deposit. Cliffs attempted to obtain consent to use the surface of the mining claims from KWG on a number of occasions in the fall of 2011. Cliffs finally gave up in October of that year. Cliffs had actually notified the MNR of its project on May 31, 2011 and made an application for an easement in December, 2011."