8 LEXPERT
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2018/19
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WWW.LEXPERT.CA
Bell, Donald R.M. Torys LLP
(416) 865-8118 dbell@torys.com
Mr. Bell's practice focuses on commercial transactions, including mergers
& acquisitions and joint ventures, and ongoing general business law advice
to corporations and financial institutions carrying on business in North
America. He has many years of experience providing legal advice
for natural resources projects in North America and Asia.
Bennett, Mark T. Cassels Brock & Blackwell LLP
(416) 869-5407 mbennett@casselsbrock.com
Mr. Bennett has extensive experience representing Canadian & inter-
national mining companies involved in business combinations, take-over
bids, public offerings, private placements, metal streaming & royalty
transactions and stock exchange listings.
Bergner, Keith B. Lawson Lundell LLP
(604) 631-9119 kbergner@lawsonlundell.com
Mr. Bergner is a recognized authority on Indigenous law, energy, regulatory
& environmental processes. He has appeared before all levels of courts,
including the Supreme Court of Canada. He has experience relating to ma-
jor natural resource projects in various industries, including mining, LNG,
pipelines, oil & gas, hydroelectric generation & transmission, infrastructure
& transportation projects.
Berman, Wendy Cassels Brock & Blackwell LLP
(416) 860-2926 wberman@casselsbrock.com
Ms. Berman is widely recognized for her expertise in complex commercial
litigation, including securities and corporate governance matters, often
involving parallel cross-border investigations and regulatory, criminal
and class action proceedings.
Betts, Ted Gowling WLG
(416) 369-7106 ted.betts@gowlingwlg.com
Mr. Betts is a partner and Head of the Infrastructure and Construction
Group. He is a Certified Specialist in Construction Law and holds an
Osgoode Certificate in Mining Law. He acts on all aspects of construction,
including the preparation of EPC/EPCM contracts, O&M contracts and
other supply and sale contracts in the mining sector in Canada
and internationally.
Bigué, AdE, Ann Dentons Canada LLP
(514) 878-8808 ann.bigue@dentons.com
Ms. Bigué practises regulatory, Aboriginal and environmental assessment
law in connection with mining, energy, infrastructure and industrial de-
velopment projects and forestry development activities in Canada. Repre-
sents corporate clients in negotiation of agreements between Aboriginal
communities and project proponents and provides strategic advice
on complex issues relating to Aboriginal rights.
LEXPERT-RANKED LAWYERS
former board and senior officers of
a company who resigned when the
company put itself under court pro-
tection were held personally liable by
the Ontario Ministry of Environment
for contamination at a former facility.
ey were ordered to pay $800,000
each out of their own pockets for in-
terim remediation work, and eventu-
ally settled for $4.75 million.
e issue is especially hot right
now in Alberta with the large num-
ber of abandoned oil and gas wells.
Alberta's Environmental Protection
and Enhancement Act stipulates that
"directors and officers can be held
personally liable for environmental
obligations and as such may be subject
to fines and/or imprisonment if reclamation costs
are not paid."
Nawata says the mining industry hasn't faced
the same kind of insolvency environment as oil
and gas, "but just the position that the Alberta
government's taken and that the regulators in
Alberta have taken in terms of going aer former
management of companies that are now dissolved
is, I think, a warning sign for mining companies
as well. e mining industry is definitely exposed
to the same risk."
Mining companies are also more exposed than
many other industries under the federal Corrup-
tion of Foreign Public Officials Act. While theoret-
ically every listed company has the same obliga-
tion not to make illegal payments in other coun-
tries, many mines are halfway across the globe,
some in countries where bribes are the norm to
facilitate getting rights and licenses.
It's common for Canadian companies to hire
local intermediaries to help them liaise with the
local officials who facilitate these processes. So
how can senior officers and directors make sure
they can trust the intermediary not to offer the
public official a benefit to influence the outcome?
Erik Goldsilver, a partner in the Toronto office
of Borden Ladner Gervais LLP, says it starts with
a thorough prior investigation. "You need to do
as much due diligence on these people as you can
before you hire them to find out if they've been in-
volved in unlawful transactions before."
ere are very sophisticated firms that specialize
in this, he says, many based in Europe and the US.
While even they may find it tough to uncover un-
der-the-table bribes that never became public, "at
least you've got a paper trail showing you've done
as much due diligence on the person as possible."
