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OfficeToronto

t: 416 869 5435
f: 416 640 3051
e: send email

Suite 2100, Scotia Plaza
40 King Street West
Toronto, ON  M5H 3C2
Canada

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Expertise

Year of Call

Ontario, 1989

Education

LL.B., Osgoode Hall Law School, 1987

B.A. (Hons), Queen's University, 1984

Brian P. Dominique

Brian Dominique practises corporate commercial law and has broad experience in commercial real property law, both focused on the mining and electricity sectors. Brian has negotiated a broad spectrum of unique forms of commercial and operations contracts particular to the mining and electricity sectors, including all forms of contractual and corporate joint ventures (including in Indonesia under Contracts of Work) and infrastructure, access, electricity supply, services, off-take and ore supply agreements.

Brian is a key member of the Cassels Brock mining practice group, one of the largest and most experienced mining groups of any major Canadian law firm and recognized by Chambers Global, the Canadian Legal Lexpert Directory and The Best Lawyers in Canada as a global leader in the mining and natural resources sector. Brian has acted on transactions involving mining projects in North, Central and South America, Africa, Australia, Europe and Asia. This includes advising clients that explore for, build and operate gold, silver, copper, nickel, iron ore and diamond mineral projects throughout the world.

Brian has been a lecturer at various seminars and public conferences on mining law matters, including the Osgoode Hall Law School Certificate in Mining Law Program (where he also was on the Board of Advisors) and has written on mining law and Aboriginal law matters. Brian is also an adjunct professor at the University of Western Ontario Law School (Western Law) and teaches its highly sought Mining Law course.

Brian’s advice to the mining industry includes in respect of:

Mergers and Acquisitions

  • Business combinations
  • Asset acquisitions and dispositions
  • Project finance and corporate debt

Exploration and Development

  • Staking
  • Joint venture agreements
  • Option and farm-in agreements
  • Royalty arrangements
  • Environmental compliance

Operation and Shutdown

  • All manner of mine operating agreements (equipment supply (purchase and lease), electricity supply, reclamation agreements, bonding, easements, water supply, etc.) and permitting
  • Offtake and refining agreements
  • Hedging arrangements
  • Aboriginal indigenous people issues and treaty/traditional use claims and rights
  • Mine closures, decommissioning and reclamation and collateral financial assurances

Brian has been involved in the following projects:

  • Acting for major and junior mining companies in respect of all matters related to mine exploration, development and operations in jurisdictions around the world, including all provinces and territories in Canada.
  • Advising mining clients in Ontario, British Columbia, Northwest Territories and Nunavut with respect to First Nation/Inuit exploration agreements, impact benefit agreements and MOUs for mine exploration and development.
  • Acting as Chief Negotiator for the Government of Canada in respect of the transfer of legislative authority over lands and resources in the Northwest Territories to the Government of the Northwest Territories. This included negotiating a Transfer Agreement with the GNWT and the Inuvialuit, G’witchin, Sahtu, Tlicho and Northwest Territories Métis Nation for the transfer of legislative authority, resource revenue sharing, transfer of assets, establishment of governance forums, environmental panels and related obligations, and integration of land and water boards, all in furtherance of the Mackenzie Valley Pipeline development.
  • Acting as Chief Negotiator for the Government of Canada in respect of the transfer of legislative authority over lands and resources in Nunavut to the Government of Nunavut. This included negotiating an Agreement in Principle with the GN and Nunavut Tunngavik Inc. (“NTI”)for the transfer of legislative authority, resource revenue sharing, transfer of assets and integration of land and water boards.
  • Acting for Enwave District Energy Limited on the construction and implementation of its Deep Lake Water Cooling Project.
  • Acting for the developers of private hydro-electric and wind power electricity generating projects.
  • Acting in respect of the construction of a hydro transmission line related to the Victor Mine in Northern Ontario.
  • Acting for the Ontario Electricity Financial Corporation in negotiating with First Nations the grant of new easement and the settlement of previous claims related to the transmission and distribution lines of the former Ontario Hydro (now Hydro One Inc.).
  • Advising the Government of Ontario on restructuring the Ontario electricity industry and implementing the break up of Ontario Hydro.
  • Advising municipalities in the restructuring or disposition of their electricity utilities.
  • Advising industrial and institutional electricity consumers on power purchase matters.
  • Acting on behalf of the Government of Ontario in relation to the disposition of certain nuclear electricity facilities and the related nuclear waste management.

Significant clients advised (current and historical) (inter alia) Goldcorp Inc. and Goldcorp Canada Ltd., Vale Canada Ltd.; KGHM International Ltd.; DMC Mining Services; Barrick Gold Corporation, Kinross Gold Corporation, Hudson Bay Mining and Smelting, Consolidated Thompson Iron Mines Limited, DeBeers Inc., Chevron Resources Inc., Dofasco Inc., Falconbridge Limited, Placer Dome Inc., FNX Mining Ltd., Lundin Mining Inc., LionOre International Inc., Silver Wheaton Ltd., Gold Wheaton Ltd., Government of Ontario (Ministry of Public Infrastructure Renewal, Ontario Lottery and Gaming Corporation), Ontario Electricity Financial Corporation, Government of Ontario (Ministries of Energy and Finance), Ontario Financing Authority, Government of Canada (NRCan and Northern Affairs), Enwave District Energy Limited.

ACHIEVEMENTS ACHIEVEMENTS
  • Chambers Global (multiple) - Energy & Natural Resources: Mining
  • The Best Lawyers in Canada (multiple) – Mining Law; Natural Resources Law; Aboriginal Law
  • Canadian Legal Lexpert Directory (multiple) – Mining
  • Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada (multiple) – Mining
  • Who's Who Legal: Canada 2015 (Mining)
  • The Legal 500 Canada (Energy – Power)
ASSOCIATIONS ASSOCIATIONS
  • Canadian Bar Association
  • Ontario Bar Association
  • Rocky Mountain Mineral Law Foundation