Brian Dominique practises corporate commercial law, including mergers and acquisitions, debt financings and private equity financings. He also has broad experience in commercial real property law and has negotiated a broad spectrum of unusual forms of commercial contracts. He has particular interest and experience in the mining and electricity industries.
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 the Canadian Legal Lexpert Directory and The Best Lawyers in Canada as a 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). Brian is also an adjunct professor at the Western University Law School (Western Law) where he teaches its 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
- 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 issues and claims/traditional use 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 Deputy 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 an Agreement in Principle with the GNWT and the NWT Aboriginal Summit (Inuvialuit, G’witchin, Sahtu, Deh Cho, Akaitcho, Tlicho and South Slave Metis) for the transfer of legislative authority, resource revenue sharing, transfer of assets, governance forums, environmental panels and related obligations, and integration of land and water boards), all in furtherance of the Mackenzie Valley Pipeline development.
- 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., 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.
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