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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6 LEXPERT | 2017/18 | WWW.LEXPERT.CA does seem to be new hope. ere are more material fi- nancings coming up and getting done in terms of pri- vate placements into explorers where they're getting capital together again. For quite a while, there was the appearance of putting things on ice and hoping for an improved market. We're now at the early stages of one." Peter O'Callaghan, a partner at Blake, Cassels & Graydon LLP in Vancouver, calls it "a funny market." While gold outperformed the US dollar by about 10 per cent last year, he says, "I honestly expected it would be by more than that if you look at all the geopolitical issues around the world — the uncertainty created by a Trump presidency, by the weirdness in North Korea, Brexit ... I would have expected that gold would have popped more than it did." Still, he says, there is no ques- tion investment in gold is on the rise. e money's coming mainly from the traditional resourced-based investment funds, from specialty in- vestors and from the large investment funds that are prepared to put a little bit of money into gold, "frankly to cover themselves off " so if gold happens to run they don't look like they dropped the ball, says O'Callaghan. He wouldn't call it business as usual: "Investors are still wounded by what happened a few years ago," but generalist funds are coming back in as well and investing again. He too stresses it has to be a project with decent prospects, not just clutching at straws, and "there needs to be a good management team in place. A lot of invest- ors are looking at the board and management. e cash is there for the right team." He says he's seeing a few foreign investors, especially from China, looking at Canadian gold companies again, but so far they've been extremely cautious, and prospect- ive deals aren't making it across the finish line. Still, O'Callaghan believes there's a lot of demand in China driven by investors who want to diversify geographic- ally. Gold's not necessarily easily transportable, but they can buy gold and own it somewhere else, and rely on it if the Chinese economy suddenly goes south. "So it's a bit of a nest egg, some certainty. It's an asset class that has a defined value and isn't subject to the same risks as an apartment in Beijing, for example." It's also a way to get money out of the country. One thing investors everywhere find especially at- tractive about Canadian gold companies — especially Allen, Daniel M. Gowling WLG (604) 891-2710 daniel.allen@gowlingwlg.com Mr. Allen advises numerous public mining companies with Canadian and international projects at various stages of exploration, development and production, with a focus on public and private offerings of securities, M&A and securities regulatory advice. He also provides ongoing advice on securities and business law matters, continuous disclosure, corporate governance and regulatory compliance. Amm, Michael D. Torys LLP (416) 865-8140 mamm@torys.com Mr. Amm, co-head of the firm's Mining and Metals group, specializes in M&A, corporate finance, joint ventures and streaming and royalty trans- actions. He has significant international experience, including with major China-based clients. Antaki, Naïm-Alexandre Gowling WLG (514) 392-9414 naim.antaki@gowlingwlg.com In the global mining sector, Mr. Antaki provides strategic, solution-oriented advice to Canadian and foreign businesses regarding their cross-border activities and expansion, including on M&A, corporate finance, securities and general advisory. Fund formation and public-private partnerships (P3s) experience. Technology law group leader at Gowling WLG in Montréal. Licensed in Québec and Ontario. Armstrong, QC, Brad Lawson Lundell LLP (604) 631-9126 barmstrong@lawsonlundell.com Mr. Armstrong has extensive experience relating to major resource project approvals, including regulatory processes, environmental assessments, im- pact and benefits agreements, judicial review proceedings and injunctions. Aycan, Nurhan Gowling WLG (416) 814-5691 nurhan.aycan@gowlingwlg.com Mr. Aycan is a member of the firm's Energy, Mining and Infrastructure practice group. He advises on M&A transactions, securities and corporate finance matters, as well as on private-equity and venture capital financings for high-growth companies. Baldwin, Chris G. Lawson Lundell LLP (604) 631-9151 cbaldwin@lawsonlundell.com Mr. Baldwin advises on mine development, construction, operation and mining M&A in Canada and the world. His practice includes mining con- tracts with foreign governments, IBAs with Aboriginal groups, JVs, royalties, strategic alliances and partnerships. He is an expert witness in litigation and arbitration. LEXPERT-RANKED LAWYERS "There does seem to be new hope. … For quite a while, there was the appearance of putting things on ice and hoping for an improved market. We're now at the early stages of one." - Sander Grieve, Bennett Jones LLP

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