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HTMLMining Executive’s Request For More Detailed Indictment Denied
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 13, 2015, previously published on August 12, 2015
On Monday, the U.S. District Court for the Southern District of West Virginia denied a renewed motion for a bill of particulars from the coal executive facing federal criminal conspiracy charges arising from a fatal 2010 mine explosion. The defense renewed the motion after additional charges were...


HTMLCanadian SPACS Ride the Lightning - Summer 2015
William J. E. Jones, Jonathan Poirier, Manoj Pundit, Jason M. Saltzman; Borden Ladner Gervais LLP;
Legal Alert/Article
June 26, 2015, previously published on June 24, 2015
The Canadian capital markets are abuzz with optimism around the development and proliferation of the SPAC program in 2015. On June 22, 2015, the TSX hosted an information session on the SPAC program with panels on the Canadian experience to date contrasted with the US SPAC experience. The programme...


HTMLCanadian Securities Regulators Review Mining Issuers’ Websites
Brian E. Abraham; Dentons Canada LLP;
Legal Alert/Article
April 15, 2015, previously published on April 13, 2015
On April 9, 2015, the Canadian Securities Administrators (CSA) issued CSA Staff Notice 43-309 (Review of Website Investor Presentations by Mining Issuers), which summarizes the findings of a review of investor presentations on mining issuers’ websites. Key findings from the review conducted...


HTMLCoalition Questions Scientific Basis of Sage-Grouse Management Decisions
Holland Hart LLP;
Legal Alert/Article
April 15, 2015, previously published on April 3, 2015
In March, a coalition of oil and gas and mining groups and local governments in four states filed administrative challenges under the Data Quality Act to three scientific documents that may provide the basis for greater land management restrictions over millions of acres across the west.


HTMLAppeals Court Overturns Damages Award to Proponent for Aboriginal Blockade
Stephanie Axman, Bryn Gray; McCarthy Tetrault LLP;
Legal Alert/Article
March 18, 2015, previously published on March 11, 2015
The BC Court of Appeal (BCCA) has overturned a significant trial decision that had ordered the province of British Columbia (Province) to pay $1.75 million in damages to a logging company arising from a blockade by members of a Treaty 8 First Nation.


HTMLKaska Nation Announces Plans to Develop a New Resource Law in its Traditional Territory, While Yukon Government Extends Staking Prohibition in Ross River Area
Stephanie Axmann, Selina Lee-Andersen; McCarthy Tétrault LLP;
Legal Alert/Article
March 16, 2015, previously published on February 4, 2015
On January 27, 2015, the leaders of the Kaska Nation issued a news release and declaration announcing plans to develop a resource law and regulations (Kaska Resource Law). The introduction of the Kaska Resource Law is intended to provide clear direction to resource proponents seeking to operate in...


HTMLCanadian Government Introduces Enhanced Corporate Social Responsibility Strategy for Resource Companies
John W. Boscariol, Peter Brady, Meghan S. Bridges, David I.W. Hamer, Steven Molnar; McCarthy Tétrault LLP;
Legal Alert/Article
March 16, 2015, previously published on December 15, 2014
On November 14, 2014, the Minister of International Trade announced Canada’s enhanced Corporate Social Responsibility (CSR) Strategy, “Doing Business the Canadian Way: A Strategy to Advance CSR in Canada’s Extractive Sector Abroad”. Like its predecessor, the CSR Strategy...


HTMLCanadian Government Announces Mining Tax Changes
Steve Suarez; Borden Ladner Gervais LLP;
Legal Alert/Article
March 12, 2015, previously published on March 03, 2015
Many expenditures made by mining companies that are not on depreciable property for tax purposes fall into one of two categories of expenditures unique to the natural resource industry: "Canadian exploration expense" (CEE) or "Canadian development expense" (CDE). Essentially,...


HTMLImportant Changes to Offerings to Existing Security Holders and Rights Offerings and their Impact on the Mining Sector in Canada
Alessandro Bozzelli, Andrea C. Johnson, Jason A. Saltzman; Dentons Canada LLP;
Legal Alert/Article
March 5, 2015, previously published on December 3, 2014
Two important developments were announced today that affect how Canadian reporting issuers can raise capital from their existing security holders:


HTMLIncrementalism and Good Faith in Contract Law - The New Duty of Honesty (And Beyond?)
Tom (Thomas) P. O'Leary, Ejeme Okhiria; Dentons Canada LLP;
Legal Alert/Article
January 10, 2015, previously published on December 3, 2014
The Supreme Court of Canada’s (SCC) recent decision in Bhasin v. Hrynew 2014 SCC 71 (Bhasin) attempts to both clarify and extend the role of good faith in contract law. At the same time, the SCC also strongly endorsed a cautious and incremental approach to the development of the common law.


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