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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LEXPERT MAGAZINE | MARCH 2017 53 | MINING | zone, and increase Reservoir's interest in the lower zone, of its joint venture in the Timok copper-gold project in Serbia. Reservoir was represented on the ROFO, consideration of financing alternatives and consummation of the takeover by Nev- sun by Blake, Cassels & Graydon LLP. busy with those the past year, including Af- rico, Alloycorp and Migao. ere are com- panies that once went public, have a con- trolling shareholder in commodities where there has not been a resurgence in price and these are being privatized." In other words, much depends on price, in any of these four categories. Pletcher of BLG follows the commodity prices care- fully, which is no small feat. He comes away from all of that with a most vivid word of caution: "I wouldn't call it a resurgence yet, rather the patient has come off life support and le the hospital under her own power, albeit with the aid of a cane." Pletcher explained, "Commodity prices are certainly not as bleak today as they were in January of 2016 — which seemed to mark the nadir of the bear cycle. But, I don't think any commodities analysts are calling this the return of a secular bull market. Yes, precious metals performed well through the first half of 2016, but the rally faltered in the third quarter and the downtrend (surprisingly) accelerated aer the US election result." is is where a rise in precious metals prices may mean some- thing quite different than a rise in com- modity prices. Precious metals, gold especially, are oen the investment of choice for those who are hedging their bets against the dol- lar economy. Base metals, by contrast, are the choice for those who are betting on it in practical terms, in this case, especially the infrastructure promises of the US Presi- dent, Donald Trump. ey believe spend- ing will go up. By the way, Trump's com- petitor in that race, former US Secretary of State Hillary Clinton also promised Infra- structure spending — arguably at a higher level than President Trump did. Did the market in 2016 invest in base metals figuring that, either way, there would be positive returns due to infrastruc- ture spending in the US? It's a popular nar- rative among Canadian mining lawyers. Yet how does President Trump's "America First" policy persuade against that narra- tive? It would seem that even if the current president puts America first, it can't be the only country involved in vast infrastructure construction. As Dubé explained, "there isn't enough copper, for example, located in the US." Moreover, such projects take years to ramp up. As he added, "on base metal Nevsun was represented by Stikeman El- liott LLP. Privatizations Apart from these deals, Kellerman noted "there have also been a number of privati- zations in the sector and we have been very JAY KELLERMAN STIKEMAN ELLIOTT LLP "Given the significant resurgence in commodity prices since 2015, there has been increased interest in the mining sector. … [There's been] 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."

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