Lexpert Magazine

March 2017

Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.

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50 LEXPERT MAGAZINE | MARCH 2017 FEATURE IN A STEREOTYPE that goes back to the original Gold Rush, it is gener- ally said that business people in the mining sector are optimists; they have to be, given the risks they take on. Recent years have surely tested that optimism, and yet in 2016 and now in first quarter 2017, there are hopeful signs, even murmurings of a resurgence in the market. We asked Canadian lawyers who serve mining company clients to weigh in as to whether this was real or "make- it-so" thinking. John Turner of Fasken Martineau LLP noted: "Last year, particularly the first half, was dominated by equity financings in the precious metals sector. e second half was more about M&A and that is continuing and picking up pace in 2017. ere was definitely an increase in interest from China, and the election of [US] President Donald Trump seemed to improve the outlook for base metals and uranium in particular." "However," cautioned Turner, "there are issues around value. With mining companies having worked hard to improve their balance sheets over the past few years, shareholders have little appetite to see companies repeat the value destructive acquisitions we saw during the super cycle." Jay Kellerman, Toronto managing partner of Stikeman Elliott LLP, catego- rized the recent deals in the mining market: "Given the significant resurgence in commodity prices since 2015, there has been increased interest in the min- ing sector." He pointed to "increased corporate finance work as companies are able to actually raise money; the beginnings of an IPO market; ongoing M&A activity; and a number of privatizations." Hope springs eternal for miners as the market picks up for some, but not all, metals. Lawyers in the sector, however, suggest we're far from a full recovery BY JEAN CUMMING Resurgence? Mining PHOTO: REUTERS

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