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2015/16
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LEXPERT 19
ing it more difficult and expensive to get new mining
projects going.
"All of a sudden they're essentially trying to impose an
additional requirement that doesn't give you any wiggle
room. Not only do you have to get the government's
consent now on whatever approval or permit you're
looking for, you may have to go out and get another par-
ty's consent where there is no formal process. It's about
doing a benefits agreement.
"It makes it remarkably more difficult, and in some
cases impossible, because it then becomes an issue of
either negotiating a deal or providing a group exactly
what they demand if they decide to dig in their heels.
It's a radical changing of the rules but it's not even being
done legally."
Another example of the Tsilhqot'in effect can be seen
with the decision being cited by the courts in litigation
brought by Aboriginal groups who have outstanding
title claims.
Saik'uz First Nation and Stellat'en First Nation v. Rio
Tinto Alcan Inc. is an early example.
e case was started in 2011 by the Saik'uz and
Stellat'en First Nations, who filed suit against Rio Tinto
Alcan in connection with a British Columbia dam the
company operates to power an aluminum smelter.
e First Nations claimed the dam unreasonably in-
terferes with their – unproven – title and rights, justify-
ing a lawsuit for nuisance and for breach of riparian, or
riverbank, rights.
Rio Tinto's lawyers sought to strike the claim, suc-
Fraiberg, Jeremy D.
Osler, Hoskin & Harcourt LLP
(416) 862-6505
jfraiberg@osler.com
Mr. Fraiberg is Co-Chair of Osler's M&A Group. He has acted for public and
private companies, private-equity firms and investment banks on a range
of acquisitions, securities offerings and other corporate transactions.
Fridman, Richard
Davies Ward Phillips & Vineberg LLP
(416) 367-7483
rfridman@dwpv.com
Mr. Fridman has extensive experience advising clients in the mining sector
on all aspects of their business. He regularly assists mining clients on
matters related to project finance, public and private M&A, and asset
acquisitions and dispositions.
Garrett, Crae
Norton Rose Fulbright Canada LLP
(403) 267-8254
crae.garrett@nortonrosefulbright.com
Mr. Garrett's transaction-based business law practice focuses
on infrastructure, energy, resources and mining in Canada, Africa
and the CIS. He represented First Solar Inc. on the development
and sale of 95 MW of solar power projects.
Gilbert, Geoffrey G.
Norton Rose Fulbright Canada LLP
(613) 780-3764
geoffrey.gilbert@nortonrosefulbright.com
Mr. Gilbert is a project finance specialist, with an emphasis on mining
and infrastructure transactions. He regularly advises project sponsors and
lenders, on innovative debt financings involving offtakes, royalties
and streaming transactions.
Gilbert, Mindy B.
Davies Ward Phillips & Vineberg LLP
(416) 367-6907
mgilbert@dwpv.com
Ms. Gilbert advises on domestic and cross-border public and private
offerings, M&A and loan financings. Her mining-sector experience includes
advising issuers and underwriters on public offerings and investors on
PIPE transactions.
Goldsilver, Erik
Borden Ladner Gervais LLP
(416) 367-6152
EGoldsilver@blg.com
Mr. Goldsilver's corporate/commercial practice focuses on the mining
and natural resource sectors, advising domestic and international clients
on cross-border M&A, joint ventures, royalty, offtake and streaming
arrangements and project finance.
LEXPERT RANKED LAWYERS
