B.C. Supreme Court quashed the KSM project's substantially-started determination because consultation with Tsetsaut Skii km Lax Ha had been inadequate.

The decision showed that a project milestone can fail even when a court does not reject the regulator's substantive project reasoning, if consultation with an evolving rights claimant was legally insufficient.

Disclosed

No amount made public.

Where it stands

Determination quashed; parties were to make submissions and the Province was to reconsider after proper consultation.

What would move it next

Reconsultation and a new substantially-started determination after the court-directed process.

The other view

Tsetsaut emphasized that the court did not uphold the determination on the merits. Seabridge emphasized that the underlying reasonableness analysis was not rejected. The precise holding is procedural: the decision was quashed for inadequate consultation and must be reconsidered.

Unresolved

Can the Province cure consultation without altering the substantive outcome?
What costs and schedule consequences arise for KSM and affected Nations?