Done Deal - Ontario Court finds unsigned contract enforceable against foreign corporation
McCarthy Tétrault » Mining Prospects
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3M ago
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New mining laws in Mexico could give rise to challenges under international investor treaties
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9M ago
On May 8, 2023, Mexico enacted comprehensive changes to its mining and water laws. The changes reserve most new mineral exploration activities in Mexico to the Mexican state, require all new mining concessions to be granted pursuant to a public tendering process, reduce the duration of mining concessions, limit each new mining concession to a single mineral, impose new indigenous consultation requirements and new environmental safeguards, create new closure bonding requirements, eliminate legal procedures allowing miners to access surface properties, and generally tighten the requirements for ..read more
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Federal Government releases proposals relating to clean technology and resource tax incentives
McCarthy Tétrault » Mining Prospects
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1y ago
On March 28, 2023, Canada’s Deputy Prime Minister and Minister of Finance, Chrystia Freeland, delivered the Liberal Government’s federal budget, “A Made-in-Canada Plan: Strong Middle Class, Affordable Economy, Healthy Future” (“Budget 2023 ..read more
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2023 Political Risk in Latin America (A Primer for Canadian Miners)
McCarthy Tétrault » Mining Prospects
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1y ago
In the past four years, there have been marked political shifts in most of the major mining jurisdictions in Latin America. In most countries, these changes have intensified the political risks faced by Canada-based companies with local operations. This primer briefly examines the topic of political risk before providing an overview of the political context in Latin America and then discussing some strategies that may be used by Canadian miners to mitigate risks ..read more
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Adjusting to BC’s Increased Reclamation Bonding Requirements
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1y ago
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First Merits Decision in a Securities Class Action for Secondary Market Misrepresentation Upheld by Court of Appeal – Reliability is an element of Materiality
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1y ago
Last year we wrote about Justice Belobaba’s decision on the merits of this secondary market securities class action, which was reported at Wong v. Pretium Resources Inc., 2021 ONSC 54.  The decision was instructive.  Courts had spilled a great deal of ink on a “reasonable possibility of success” when granting leave to assert the statutory cause of action for secondary market misrepresentation.  More than a speed bump but not the Matterhorn, and that sort of thing.  But when the plaintiff in Wong was obliged to prove his case on a balance of probabilities, he came up sh ..read more
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CSA Publishes Consultation Paper on Standards of Disclosure for Mineral Projects
McCarthy Tétrault » Mining Prospects
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1y ago
On April 14, 2022, the Canadian Securities Administrators (the “CSA”) published Consultation Paper 43-401 – Consultation on National Instrument 43-101 Standards of Disclosure for Mineral Projects (the “Consultation Paper”) for a comment period of 90 days.  ..read more
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Exceptional Circumstances: Court of Appeal for British Columbia Finds New Exception to Reasonableness Review
McCarthy Tétrault » Mining Prospects
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2y ago
O.K. Industries Ltd. v. District of Highlands (“Highlands”) marks the first time a court applied the correctness standard of review to a question falling outside the categorical exceptions established by the Supreme Court of Canada (“SCC”) in Canada (Minister of Citizenship and Immigration) v. Vavilov (“Vavilov”). The Court of Appeal for British Columbia (“BCCA”) found that the rule of law in general required a departure from the presumption of reasonableness in circumstances involving a complex question of statutory interpretation that had significant legal consequences on prov ..read more
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Recent Legal and Political Developments in Chile and their Implications for Mining Companies
McCarthy Tétrault » Mining Prospects
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2y ago
Presented in association with Bofill Mir & Alvarez Jana Abogados For the past three decades, Chile has earned and maintained a reputation as a rich, stable and market-oriented country. In a recent webinar moderated by Shawn Doyle, Mr. Doyle, together with speakers, Pablo Mir, Guillermo Fonseca and Jorge Velasquez outline the shifting political landscape of Chile, the process to draft the country’s new Constitution and certain pending legislation, describing the effects that these may have on the mining industry. They tackle both discrete and general questions, including: What process is e ..read more
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Climate Leadership Team Makes 32 Recommendations for Updating BC’s Climate Change Policies
McCarthy Tétrault » Mining Prospects
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2y ago
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