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Category Archives: M&A

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Valuation in mining cases: Lessons from the Re Nord Gold SE dissent proceeding

Posted in M&A, Mining

In M&A transactions, dissenting shareholders sometimes disagree with the fair market value (FMV) offered for their shares. Absent settlement, a court must determine the FMV of the company’s shares for dissenting shareholders. In the mining context, this task may be complicated by the prospect of valuing exploration lands unsupported by a “NI 43-101” (Standards of Disclosure for Mineral Projects) report or data demonstrating economic mineralization.

In Re Nord Gold SE,[1] the Ontario Superior Court decided a valuation case in the junior mining context. Shareholders of Northquest Ltd. representing 0.86% of its common shares dissented from a … Continue Reading

50/50 JVs – Paved with Good Intentions

Posted in Dispute Resolution, M&A, Mining

One of the most difficult things to plan for effectively in any joint venture is conflict resolution and decision deadlock between the joint venture partners.  Joint venture agreements in the mining industry can be voluminous documents.  Pages are devoted to calculating partner dilution, setting out partner rights, outlining how and by whom JV operations will be managed.  At the same time, little thought is often given to how the partners will deal with a deadlock over an operational decision.

In a way it is not surprising that mechanics dealing with decision deadlock can be an afterthought – most CEOs want … Continue Reading

At Last: Alberta Unveils its New Climate Leadership Plan

Posted in Aboriginal and Environmental Issues, M&A

On November 22, 2015, Alberta released its long-awaited Climate Leadership Plan (Climate Plan).  Contemporaneously with the Climate Plan, the Government released the Climate Change Advisory Panel’s (Climate Panel) Report to the Minister, Climate Leadership. As background, previous blogs on the Climate Panel’s mandate and the Climate Leadership Discussion Document can be found here and here.… Continue Reading

SCC Decision Highlights Increased Litigation Risk for Canadian Companies for Misdeeds of their Foreign Affiliates

Posted in M&A

The following post on our Canadian Appeals Monitor blog may be of interest to readers of this blog: Chevron Corp v. Yaiguaje: SCC Decision Highlights Increased Litigation Risk for Canadian Companies for Misdeeds of their Foreign Affiliates.

 

 

 

 

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