Lexpert Special Editions

Lexpert Global Mining 2018/19

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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24 LEXPERT | 2018/19 | WWW.LEXPERT.CA Krawchuk, Leanne C. Dentons Canada LLP (780) 423-7198 leanne.krawchuk@dentons.com Ms. Krawchuk advises mining producers in Canada on corporate/com- mercial, construction and procurement, corporate finance and securities, mergers & acquisitions, and other mining legal matters including the negotiation of supply agreements with electricity producers. She advises on royalties, price reviews, dedication and unitization agreements, and assignments and transfers of mining interests. Kugler, Scott M. Gowling WLG (416) 369-7107 scott.kugler@gowlingwlg.com Mr. Kugler is the leader of the Gowling WLG Class Action Group. His prac- tice focuses on complex commercial matters including securities & com- petition law class actions, shareholder disputes, director/officer liability claims and other corporate litigation. Lampe, Jonathan Goodmans LLP (416) 597-4128 jlampe@goodmans.ca Mr. Lampe is a partner, member of the Executive Committee and past Co-Chair of the Corporate/Securities Group at Goodmans. He advises resource-focused Canadian and international issuers, investors and advisors on mergers & acquisitions, strategic relationships, financings, governance and related matters. Laval, Cyndi D. Gowling WLG (604) 891-2712 cyndi.laval@gowlingwlg.com Ms. Laval is a partner and leader of Gowling WLG's Corporate Finance, M&A and Private Equity Group. She was named one of Vancouver's 30 leading lawyers by the National Post, was awarded the Lawyer of the Year- Mining Law (Vancouver) by Best Lawyers in Canada and is recognized as a leading mining, M&A and securities lawyers in several publications. Levy, Eric M. Osler, Hoskin & Harcourt LLP (514) 904-8177 elevy@osler.com Mr. Levy specializes in cross-border M&A and securities law. His work encompasses initial public offerings as well as other public and private placement offerings of many Québec-based and multinational compan- ies in various industries, including mining. He is recognized in the Lex- pert® Special Edition – Leading Canadian Lawyers in Global Mining. Lyons, Catherine A. Goodmans LLP (416) 597-4183 clyons@goodmans.ca Ms. Lyons's mining practice focuses on environmental assessment, environmental permitting and compliance from exploration to closure plans and social licence matters. Advised on a foreign investment in a mine subject to environmental approvals; a MOU with First Nations on infrastructure construction to support development of a mine; and due diligence on mining assets in a variety of transactions. LEXPERT-RANKED LAWYERS (TSLA.O), said it was aware of issues in the DRC and was looking to source some material else- where, and it was also looking at lowering its de- pendency on cobalt. Stikeman Elliott LLP's Jay Kellerman has seen movement before: "Over the course of a 30-year career, I have watched capital move around the globe — from Kilometre 88 in Venezuela, to Chile and Argentina, to Russia and the FSU, then China, over to Australia, across to Africa, being South Africa and West Africa and now more and more back to North America. And this will continue depending on opportunity, economics and politics. "We have clients who stick to Canada (and even provinces within Canada) and we have clients who would rather work in the DRC than South Africa. It is all over the map quite literally which makes this industry such an ex- citing and dynamic industry. Wherever a com- pany works though, whether here in Canada or abroad, from my perspective, it is all about the quality of the asset and opportunity and earn- ing and maintaining your social license in the broadest sense." Berg and Wilkin, like Kellerman, attest to the focus their clients apply to each project. "We do see clients continuing to invest in projects in high- er risk locations, but with their eyes wide open. Mining companies and their boards remain quite cautious, exercising increasingly greater due dili- gence and training. "Clients are focused on securing a strong so- cial license in these jurisdictions, and ensuring policies and procedures are in place to manage anti-corruption and similar issues. We are seeing mining companies with management teams that have strong in-country or regional experience find opportunities to leverage that knowledge and skill set, and have been able acquire quality mineral projects in these more challenging jurisdictions." Canadian law firms have ramped up their ca- pacity to assist their clients with assessing and re- sponding to political and community risks. "Commodity price risk is once again the lead- ing challenge facing mining executives as they consider the downside of the recent upswing in prices," says Heather Cheeseman, GTA Mining Leader and Partner, Audit and Risk Consulting, KPMG in Canada. "With volatility making a comeback, mining businesses must plan for the future as they optimize scarce resources, flatten the cost curve, sharpen their focus on corporate social responsibility and mitigate political risk in key jurisdictions."

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