Lexpert Special Editions

Lexpert Global Mining 2017/18

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 | 2017/18 | WWW.LEXPERT.CA PHOTO: SHUTTERSTOCK THE BEST COMPANIES know that adapting is the key to turbulent economic times, a principle that's as true for the mining industry — majors, mid-tier and juniors — as it is for anyone else. Classic strategy has the major concerns buying out the junior exploration outfits when they've reached a certain stage of exploration and de- velopment. While this strategy remains overarch- ing, today's economic environment has instilled a mentality of caution in the buyers. Still, it's important to understand the market in context. "e majors have thresholds for take- overs, and the truth is, for example, that gold min- ing projects with the minimum 10 million ounces don't come along very oen," says Brian Abraham in Dentons Canada LLP's Vancouver office. But even when the threshold is met, "caution" is the underlying buzzword. "e last two to four years has seen the majors take a much more disciplined approach, and while they obviously continue to understand the need for acquisitions, I'm not seeing an 'any deal at any cost' mentality," said Linda Misetich Dann in Bennett Jones LLP's Toronto office. Majors have also been willing to do minority investment with explorers and then work with the explorers to develop assets, as evidenced by New- mont Mining Corp.'s May 2017 US$109-million purchase of a 19.9-per-cent interest in Continent- al Gold Inc. by way of supporting the Buriticá and three other gold exploration assets in Colombia. "Explorers are trying to sell a little later, so we're not just seeing straight take-outs," says Michael Boehm in Fasken Martineau DuMoulin LLP's Ottawa office. "e explorer ends up getting more value, and the major gets a hard look at the asset." More particularly, majors are taking a closer look at locales in which they already have mines. "We're seeing more majors adopting the philoso- phy that the best place to look for a new mine is INDUSTRY STRATEGY THE MOTHER OF INVENTION WITH ONLY A TENTATIVE RECOVERY IN MINING, JUNIOR EXPLORERS ARE RESORTING TO CRE- ATIVE STRUCTURES LIKE STREAMING IN ORDER TO STAY IN BUSINESS. MAJORS, MEANWHILE, SEEM CONTENT TO PLAY THE WAITING GAME BY JULIUS MELNITZER

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