Defence lawyers are grappling with how to wrap their minds around the implications of a recent ruling that could mean costly…litigation for companies faced with environmental damage lawsuits brought by aboriginal communities…In Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto…the respondents contested the applicant First Nation communities’ claim on the basis their interest in the land in question is asserted but not yet proven.  But the appeal court said the actual proving of aboriginal title, an expensive and tedious process often involving the Crown, could be argued within the action against the private company...Nechako Nations brought an action against Rio Tinto for nuisance and for breach of riparian rights as a result of the company’s diversion of water from the Kenney Dam, which [had] consequences for fisheries resources.  Typically, when aboriginal people seek declaration of status, the Crown bears the brunt of that type of litigation, but these rulings could mean the industry getting caught up in that battle when First Nations communities feel their rights are being infringed by a natural resource project…“You’ve got to know that if you’re operating within an area and there is asserted aboriginal title or rights, you need to be careful about how you conduct your business”…