Seabridge faces third Tudor challenge over KSM tunnels

Executive Summary

• Tudor Gold Corp. has filed a petition in the British Columbia Supreme Court seeking judicial review of the September 2024 Licence of Occupation (LoO) that permits Seabridge’s Mitchell Treaty Tunnels (MTT) to cross mineral claims on Tudor’s Treaty Creek property.
• The petition asks the court to declare the LoO invalid insofar as it interferes with Tudor’s mineral‑claim rights, to sever the portions of the LoO covering the Treaty Creek claims, and to quash WLRS’s decision granting the licence.
• Seabridge’s Chair and CEO Rudi Fronk asserts that the LoO remains in effect, cites existing environmental approvals and pre‑feasibility work for KSM, and characterizes Tudor’s legal actions as “unreasonable” and indicative of a lack of confidence in their success.

Key Details

• Petitioner: Tudor Gold Corp. (mineral‑claims holder on Treaty Creek property).
• Respondent(s): British Columbia Ministry of Water, Land and Resource Stewardship (WLRS) and Seabridge Gold Inc./KSM Mining ULC (100 % owner of the KSM project).
• Relief Sought:
  1. Declaration that a Licence of Occupation cannot override mineral‑claim rights.
  2. Severance of all LoO provisions granting Seabridge rights across Tudor’s Treaty Creek claims.
  3. Order quashing WLRS’s September 2024 decision to grant the LoO.
• Legal Basis: Allegations that WLRS’s decision was procedurally unfair or unreasonable and that the MTT would “destroy the economic viability” of Tudor’s Treaty Creek project.
• Scope of Affected Infrastructure: The 2024 LoO authorizes a narrow corridor for two parallel, 23 km‑long tunnels (MTT) connecting east and west sides of the KSM Mine Site; ~12.5 km of this route traverses Tudor’s Treaty Creek claims.
• Seabridge Position:
• The LoO is still in force and supports a project that already has environmental assessment approvals, a pre‑feasibility study demonstrating economic viability, substantial early‑construction investments, and multiple construction permits.
• Seabridge attempted to negotiate terms with Tudor but found Tudor’s demands “unreasonable.”
• This petition represents the third concurrent legal action by Tudor aimed at voiding MTT authorizations.
• Historical Context: Seabridge previously issued news releases on July 14 2025 and October 3 2025 responding to earlier Tudor challenges; those prior disputes remain unresolved.
• Current Status: The 2024 LoO remains effective pending the outcome of the petition; no immediate operational shutdowns are anticipated.

Notable Quotes

“In granting the 2024 LoO, WLRS has exercised its discretion to support the KSM project… Considering that the Treaty Creek project does not have environmental assessment approvals or a preliminary economic assessment, I am confident that WLRS has acted appropriately in authorizing Seabridge to use provincial land for the MTT,” – Rudi Fronk, Chair and CEO, Seabridge Gold.

“We have attempted to find terms to avoid a conflict like this with Tudor, but their demands have been unreasonable… If Tudor thinks it must bring three separate legal actions, it probably lacks confidence in the success of any one of them,” – Rudi Fronk, Chair and CEO, Seabridge Gold.