No it won't succeed. But I would be willing to bet they apply to the high court of Canada. I don't think they will hear the case but the application process could take 6 months minimum. If the Higgins file on the last day possible. I would be nervous if the high court agrees to hear the case. If they do agree to hear the case it will take about 6 months to be heard.
It's just time. I think our biggest risk is the gold price.