Mining in Canada

Fasken

Standing out for its international footprint, Fasken is one of the first ports of call for high-value transactions and regulatory matters in the mining sector, where it acts for mineral exploration companies, major international financial institutions, underwriters and private equity funds in the gamut of matters. In addition to its strength in M&A and financing deals, the team is equipped to assist mining clients with development and operation agreements, permitting issues, international arbitration and IP law. Based in Vancouver, John Turner leads the global mining group, steering the team in a range of corporate finance and M&A deals involving mining companies active throughout Africa, Latin America and Eastern Europe. Andrew Gabrielson coordinates the group from Vancouver, and regularly advises on commercial mining agreements, project development and acquisitions of mining assets. Brian Graves is another notable practitioner in Toronto; he is singled out for his experience of cross-border mining transactions. Toronto-base Krisztián Tóth focuses on mining finance and joint ventures, while Johanna Fipke in Vancouver has a deep understanding of permitting, M&A and financing in the mining sector.

Practice head(s):

Andrew Gabrielson; John Turner

Testimonials

‘The Fasken mining team is highly experienced and seamlessly integrates the specialist expertise of its lawyers. They have the bench strength needed to efficiently manage large, complex transactions. This integration spans their offices across Canada – we often work with Fasken lawyers from Vancouver, Calgary and Toronto.’

‘Strong personal relationships; they understand our business and our approach to developing and completing transactions; and an honest relationship (for example, they tell us when busy on other client matters so we can appropriately re-schedule work deadlines).’

Key clients

AuRico Metals Inc.

De Beers Canada Inc.

Detour Gold Corporation

First Quantum Minerals Ltd.

IAMGOLD Corporation

K92 Mining Inc.

Leagold Mining Corporation

Orion Mine Finance

Sibanye Gold Ltd.

Teck Resources Limited

Gatos Silver, Inc.

Bennett Jones LLP

Canadian and international mining companies of all sizes, financial institutions and investors seek Bennett Jones LLP‘s legal assistance in the full scope of mining matters, with an emphasis on M&A deals and financing transactions. During the course of 2020, the team was particularly active advising mining clients on the impact of the pandemic, which was reflected in an increase of restructuring, crisis management and corporate governance mandates over the review period. The practice’s service offering goes beyond capital markets and corporate transactions, and also includes royalty and streaming agreements, project finance and development, regulatory matters, and dispute resolution. Leading the department is transactional partner Sander Grieve, whose specialisms encompass global mining exploration, development and extraction. Typical mandates for Abbas Ali Khan  include M&A deals and financing on behalf of mining companies. Securities and corporate law specialist Linda Misetich Dann  is also deeply involved in the mining practice. All named practitioners are based in Toronto.

Practice head(s):

Sander Grieve

Key clients

Magna Gold Corp.

First Mining Gold Corp.

Karora Resources Inc.

1911 Gold Corporation

Waterton Global Resource Management

First Majestic Silver Corp.

Cantor Fitzgerald Canada Corporation

Cardinal Resources Limited

Excellon Resources Ltd.

Katanga Mining Limited

Victoria Gold Corp.

Kissner Group

Kissner Group Holdings LP, and its owners Metalmark Capital Holdings LLC and Silvertree-KMC II LP

Premier Gold Mines Limited

Argonaut Gold Inc.

Osisko Gold Royalties

Osisko Mining Inc.

O3 Mining Inc.

Osisko Development

SolGold plc

Work highlights

  • Advised Kissner Group Holdings LP, and its owners Metalmark Capital Holdings LLC and Silvertree-KMC II LP, a venture between Silverhawk Capital Partners and Demetree Salt, LLC, in the US$2bn sale of Kissner to Stone Canyon Industries Holdings LLC.
  • Acted as Canadian counsel to Stone Canyon Industries Holdings LLC (SCIH) and Kissner Group Holdings in their agreement to acquire K+S Aktiengesellschaft’s North and South American salt business, including Morton Salt and Windsor Salt, for US$3.2bn.

Blake, Cassels & Graydon LLP

Benefitting from robust practices across capital markets, financing, corporate and M&A, environment and indigenous law, the mining group at Blake, Cassels & Graydon LLP is well-positioned to handle big-ticket deals and contractual matters on behalf of mining companies and financial institutions. The firm fields a team of mining experts who particularly excel in alternative financing arrangements, and are seasoned in fields as diverse as mining disclosure and securities law, streaming transactions and mining operation agreements. The group is led from the Toronto office by John Wilkin, who is noted for his broad transactional ad corporate finance expertise. These are core areas of activity for Bob Wooder, who is a key contact in Vancouver for public and private mining companies, and investment banks. Vancouver-based Peter O’Callaghan has a strong track record in mining transactions acting for both issuers and underwriters.

Practice head(s):

John Wilkin

Borden Ladner Gervais LLP

With bench strength nationally, Borden Ladner Gervais LLP draws upon the legal expertise of all groups within the firm to provide comprehensive services to financial institutions and major, mid-tier and junior mining companies operating across all segments of the sector in Canada and internationally. Led by Fred Pletcher in Vancouver, the department handles a significant volume of high-value M&A transactions, securities and capital markets deals, though it is also active in dispute resolution and tax-related matters. In the same office, Graeme Martindale is experienced in disclosure obligations, M&A and equity and debt financings. Andrew Powers, who is based in Toronto, is skilled at handling domestic and cross-border public and private offerings, with an emphasis on the mining and precious metals sector.

Practice head(s):

Fred Pletcher

Other key lawyers:

Graeme Martindale; Erik Goldsilver; Andrew Powers

Work highlights

  • Advised K+S Aktiengesellschaft on the sale of its Canadian salt business, including Windsor Salt, to Stone Canyon Industries Holdings LLC and affiliates.
  • Represented Pan American Silver Corporation in a dispute with Southern Peaks Mining L.P, arising from a share purchase agreement by which Southern Peaks acquired the shares of Pan American’s then-subsidiary, Pan American Silver S.A. Mina Quiruvilca and control of the Quiruvilca Mine in the Republic of Peru.
  • Advised a syndicate of agents led by TD Securities Inc on Cameco Corporation’s $400m debenture offering.

Davies Ward Phillips & Vineberg LLP

Davies Ward Phillips & Vineberg LLP is rated for its deep bench and strong transactional expertise, working on many of the most high-profile M&A deals taking place in the Canadian mining sector. Apart from acting on high-stakes business transactions, the firm also offers advise to senior, mid-size and junior mining clients at all stages of development, regulatory matters, tax structuring and securities offerings. In the Toronto office, Melanie Shishler is highly regarded for her wealth of experience advising mining companies on public and private M&A, joint ventures and private equity investments. Richard Fridman is another key point of contact for major mining corporations and public sector clients in relation to mining rights and financing arrangements. Domestic and cross-border deals involving mining and metal assets are areas of particular focus for Aaron Atkinson. All practitioners are based in Toronto.

Other key lawyers:

Aaron Atkinson; Andrew Mihalik

Testimonials

‘The team has breadth and depth in knowledge. Very knowledgeable with extensive expertise/experience. Strategic and business oriented. Sharp legal minds. Can solve complex issues while appeasing numerous varying objectives. Quick in responding, always on top of the issues at hand and extremely hard working. Melanie Shishler and Richard Fridman are recommended.’

‘Very efficient and do not over staff files. They have the right people doing the work and very responsive. Far better than other firms.’

‘Aaron Atkinson and Melanie Shishler are outstanding and provide great and timely advice. Very proactive in identifying issues and coming forward with solutions. They are the best and far superior to the other law firms in Toronto.’

‘Davies Ward Phillips & Vineberg LLP’s Mining practice offers a comprehensive and professional suite of legal services and has the ability to execute complex transactions in an efficient and innovative way.’

‘Davies Ward Phillips & Vineberg LLP’s Mining practice has a team of outstanding individuals who are experienced, go the extra mile and do not leave a stone unturned. They have the capability and drive to complete complex transaction structures and will always have a practicable solution at hand.’

Key clients

Barrick Gold Corporation

Agnico Eagle Mines Limited

The Pallinghurst Group

New Gold

Roxgold

The Blackstone Group

Lundin Mining Corporation

BHP

Vale Canada Limited

Titan Mining Corporation

Hudbay Minerals Inc.

Copper Mountain Mining

Royal Bafokeng Platinum

Turquoise Hill Resources Ltd.

MAG Silver Corp.

Cornerstone Capital Resources Inc.

Orefinders Resources Inc.

Mistango River Resources Inc.

Work highlights

  • Advised Roxgold on its definitive agreement with Fortuna Silver Mines Inc. whereby Fortuna will acquire all the issued and outstanding securities of Roxgold for approximately C$1.1bn via plan of arrangement.
  • Advised a Canadian-based intermediate gold producer on its $2.1bn combination with Endeavour Mining Corporation.
  • Advised Agnico Eagle Mines Limited on its all-cash acquisition of TMAC Resources Inc.

Lawson Lundell LLP

Lawson Lundell LLP has a very strong mining client base, comprised of junior companies and major players with investments and projects located in Canada and overseas. The firm’s longstanding reputation in the market sees it frequently acting in various public and private M&A transactions, permitting and development matters. Co-chair Khaled Abdel-Barr assists with the acquisition and disposition of mining assets, demonstrating significant proficiency in joint ventures, royalty and streaming agreements. Fellow co-head Karen MacMillan is also noted for her broad transactional practice. The Vancouver-based team also includes Stuart Breen, who has more than two decades worth of experience in the mining industry. Financings, take-overs and M&A involving public mining companies are among his fields of special interest.

Other key lawyers:

Stuart Breen; Michael Li

Key clients

Newmont Corporation

Barrick Gold Corporation

SSR Mining Inc.

Agnico Eagle Mines Limited

Baffinland Iron Mines Ltd.

B2Gold Corp.

Work highlights

  • Advised Barrick Gold on the sale of its 100% interest in the Lagunas Norte mine in Peru to Boroo Pte Ltd.
  • Advised Barrick Gold on the transfer of 100% of the Eskay Creek Mine to Skeena Resources.
  • Advised SSR Mining on its $5bn merger of equals with Alacer Gold Corp.

McCarthy Tétrault

McCarthy Tétrault‘s broad domestic and international service offering makes it an attractive choice for market-leading mining companies involved in large-scale cross-border transactions, corporate and commercial matters. The global metals and mining group has an unparalleled track record in M&A deals, projects and operational issues in key jurisdictions across the globe, including Africa and Latin America. Vancouver-based Roger Taplin, who primarily focuses on financing and M&A transactions, including streaming deals, joint ventures and takeovers, receives plaudits for his international mining law expertise. Splitting his time between Toronto and London, Shea Small also fields a broad transactional practice, with a particular emphasis on multijurisdictional M&A. Eva Bellissimo, whose experience covers the entire spectrum of mining work, sits in the Toronto office.

Other key lawyers:

Christopher Langdon

Testimonials

‘McCarthy Tetrault’s team not only are knowledgeable in the areas of legal expertise but are able to comprehensively appreciate the situation at hand and offer strategic advice in addition to the technical legal advice required. They give prompt and well-considered legal advice and support.’

‘Shea Small not only clearly displays brilliant expertise in the mining field but also appreciates sensitivities and perspectives of the different parties’ considerations in a transaction to come up with the most strategic and practical solutions.’

Key clients

Vox Royalty Corp.

South32

Altius Renewable Royalties Corp.

Wyloo Metals

Magris Resources Canada Inc.

China Molybdenum Co., Ltd.

Jiangxi Copper

SSR Mining

Great Panther Mining

Appian Capital Advisory

Evolution Mining

Endeavour Mining

Newcrest Mining

Royal Gold

Vale

Mubadala Investment

Glencore

Rio Tinto

Newmont

Wheaton Precious Metals

Work highlights

  • Advised CMOC on its $550m gold and silver streaming transaction with Triple Flag Precious Metals for the Northparkes copper mine in Australia.
  • Advised Endeavour Mining on its C$2.44bn acquisition of all issued and outstanding securities of TSX-listed Teranga Gold which operates the Sabodala-Massawa and Wahgnion gold mines in West Africa.
  • Advised SSR Mining on its C$2.41bn acquisition of TSX and ASX-listed Alacer Gold which operates the Copler gold mine in Turkey.

Stikeman Elliott LLP

Leading Canadian and international resources companies turn to Stikeman Elliott LLP‘s global mining group for advice on transactions and projects across all the major mining markets in the world. The group is regularly instructed as lead or Canadian counsel in transformational M&A and corporate finance deals, but is also adept at handling royalty and streaming transactions, project finance and development. Practice head Jay Kellerman , who works in the firm’s Toronto office, manages a team of seasoned practitioners with expertise in permits, environmental and social considerations for mining projects. Steven Bennett plays a key role in guiding some of the most complex mining transactions out of the Toronto office. Also in Toronto, Daphne MacKenzie is recommended for novel financing structures.

Practice head(s):

Jay Kellerman

Other key lawyers:

Daphne MacKenzie; Steven Bennett

Dentons

The global mining practice at Dentons is singled out for its experience in international inbound and outbound investments involving the mining sector. With particular strength in transactions and projects in Latin America, the practice also has significant presence in mandates across Canada. Leanne Krawchuk  – the mining group’s first female co-lead in Canada and globally- is engaged by mining producers in the gamut of commercial matters, M&A and securities deals. She is based in Edmonton, while Brian Abraham QC is the name to note in Vancouver.

Practice head(s):

Leanne Krawchuk

Key clients

Gran Colombia Gold Corp.

Sprott Capital Partners LP

Aethon Minerals

Regulus Resources Inc

Livent Corporation

Jervois Mining Limited

Margaux Resources Ltd.

Knight Piesold Ltd.Aya Gold**

Sherritt

Finning

Cerrado Gold Inc.

Cormark Securities Inc.

PricewaterhouseCoopers Inc.,

AIM3 Ventures Inc.

Aya Gold & Silver Inc.

SRG Mining Inc.

Work highlights

  • Advising Livent Corporation on its investment in Quebec Lithium Partners (UK) Limited, which subsequently acquired a 50% interest in Nemaska Lithium Inc., a lithium mining project in Quebec.
  • Advised Cerrado on its acquisition of Minera Don Nicolás S.A  and its namesake operating mine and surrounding properties in the Province of Santa Cruz, Argentina, as well as a metals purchase and sale agreement financing package.
  • Advised Aya Gold & Silver Inc. on its C$26,225,000 underwritten private placement of units (common shares and warrants).

Osler, Hoskin & Harcourt LLP

Osler, Hoskin & Harcourt LLP receives regular instructions from domestic and international mining clients of all sizes and specialities in relation to both projects and transactional matters. Spanning public and private financings, the team’s expertise also includes M&A of mining companies, joint ventures, technical disclosures, regulatory and compliance issues. Corporate finance and securities specialist Alan Hutchison  heads up the department from the Vancouver office, with James Brown leading on work pertaining to mineral project disclosure, compliance and M&A transactions in Toronto.

Practice head(s):

James Brown; Alan Hutchison

Other key lawyers:

Patrick Sullivan

Torys

Torys is experienced in all manner of M&A and financing work on behalf of mining and metals clients in Canada and internationally. The team has a wealth of experience acting for issuers, underwriters and selling security holders in capital markets transactions involving mining companies of all sizes, and is increasingly engaged in market-leading M&A deals. Its royalty and streaming finance expertise is also noteworthy, as is its ability to marry expertise in Indigenous law and ESG matters and bring that knowledge to bear for mining companies and project stakeholders. Corporate finance and M&A are key specialisms for Michael Amm, who regularly advises on public company governance matters. He oversees the department with Michael Pickersgill, whose track record features joint venture agreements and offtake arrangements in the mining sector. Braden Jebson has a broad transactional practice and also assists clients with technical mining matters. All team members are based in Toronto.

Other key lawyers:

Braden Jebson; Michael Jason

Testimonials

‘I am working with the Torys team led by Michael Amm on a potential mining deal now and have worked with them on various different matters previously. They know the market well, both in terms of the legal and regulatory regime and the local market practice in Canada. They are generally quite responsive and mindful about the culture difference. ’

‘Michael Amm provides clients with practical advice.’

‘Strong client orientation, practical advice, timely service, ability to parse legal and commercial points, and in-depth knowledge for streams and royalty transactions. Good global contacts’

‘Michael Pickersgill possesses broad and deep experience. He is client-focused and a strong negotiator. Braden Jebson is diligent, responsive, and thoughtful.’

Key clients

Franco-Nevada Corporation

Orion Mine Finance

Triple Flag Mining Finance Bermuda Ltd.

Newcrest Mining Limited

Alamos Gold Inc.

Nevada Copper Corp.

Pala Investments Limited

Sprott Resources Streaming and Royalty

BMO Capital Markets

Sherritt International Corporation

BaseCore Metals LP

Dowa Mining and Metals Co., Ltd.

Mitsubishi Materials Corporation

Americas Gold & Silver

Sprott Resources Streaming and Royalty

Work highlights

  • Advised Orion Mine Finance on its $300m acquisition of a 50% interest in the Greenstone Gold Mine from Centerra Gold Inc.
  • Advised Franco-Nevada Corporation on its $300m at-the-market cross-border equity program.
  • Advised Newcrest Mining on its secondary listing on the Toronto Stock Exchange.

Gowling WLG

Gowling WLG acts for a broad client base made up of mid-market mining producers, exploration and specialty metals companies, assisting them with site development, project finance and offtake arrangements. The firm excels in mining-related matters involving Latin America, for which Toronto-based France Tenaille is noted. Her practice is primarily focused on M&A transactions, corporate finance and cross-border deals in the natural resources sector. Ian Mitchell in Toronto is the newly appointed head of the group; he specialises in financing and securities matters, with a special emphasis in the mining sector.

Practice head(s):

Ian Mitchell

Testimonials

‘The mining practice’s excellent leadership combined with proactively relationship building makes them a critical partner. Their broad experience and creative thinking assist greatly in structuring deals that work for the client.’

Key clients

Zijin Mining Group Co., Ltd.

Mineros S.A.

Minera Alamos Inc.

Mines and Metals Trading (Peru) PLC (Silver X Mining Corp.)

Orla Mining Ltd.

Aurania Resources Ltd.

Largo Resources Ltd.

Balmoral Resources Ltd.

Platinum Group Metals Ltd.

West Vault Mining Inc.

Sabina Gold & Silver Corp.

Los Andes Copper Ltd.

Paramount Gold Nevada

Rokmaster Resources Ltd.

Canaccord Genuity Corp.

Mawson Gold Limited

Capella Minerals Ltd.

Work highlights

  • Advised Zijin Mining Group in its $360m acquisition of Guyana Goldfields Inc., a Canadian-based gold producer primarily focused on the exploration, development and operation of gold deposits in Guyana, South America.
  • Advised Mines and Metals Trading (Peru) PLC on its business combination with Oro X Mining Corp., associated $60m financing and RTO, and name change to Silver X Mining Corp.
  • Advised Sabina Gold & Silver Corp. on its bought deal financing and private placement of common shares of a combined value of over $96m.