Mining Law 2017

Course Chair
Graham H. Scott — McCullough O'Connor Irwin LLP, Vancouver

Online Moderator
Nick Karakochuk — Articled Student,  McCullough O'Connor Irwin LLP, Vancouver

About the Course Chair

Graham H. Scott is Associate Counsel at McCullough O’Connor Irwin in Vancouver.  His professional career began in a leaky tent, prospecting on Central Vancouver Island.  With the onset of winter, he went underground at the Myra Falls mine in Strathcona Provincial Park and stayed there until spring, when he left for the Sierra Foothills of California, site of the 1849 Gold Rush.  His epiphany came when he identified a promising mining property in the Foothills that was owned by a rock group and spent a week negotiating an option deal at their studio in the San Fernando Valley.  The transition from Geology to Law then became inevitable.

Graham’s practice is restricted to securities and mining law, and his clients operate domestically and internationally.  He has presented papers on mining law issues throughout North America and Africa.

In addition to the practice of law, he enjoys mountain biking and skiing and has an unwavering commitment to two mediocre professional sports teams, one of which plays in this city.

About the Online Moderator

Nick is a graduate of the Allard School of Law at the University of British Columbia and will return to MOI this August to complete his Articles. Prior to law school, Nick graduated with distinction from Grant MacEwan University where he earned his Bachelors of Commerce degree with a major in Accounting. Following graduation, Nick moved to Vancouver to attend law school and escape the frigid eight-month winters of Alberta. In his spare time, Nick enjoys both watching and playing sports of almost any kind.

Faculty 
L. John Alexander — Cox Taylor, Victoria
David Allman — Edwards, Kenny & Bray LLP, Vancouver
Christopher Collins — Chief Mining Adviser, BC Securities Commission, Vancouver
Brenda Gaertner — Mandell Pinder LLP, Vancouver
Michelle Grant — Ernst & Young, Vancouver
Robert D. Holmes, QC — Holmes & Bilawich, Vancouver
Alan J. Hutchison — Osler, Hoskin & Harcourt LLP, Vancouver
Robin M. Junger — McMillan LLP, Vancouver
Cyndi Laval — Gowling WLG (Canada) LLP, Vancouver
Alan L. Monk — Edwards, Kenny & Bray LLP, Vancouver
Graham H. Scott — McCullough O'Connor Irwin LLP, Vancouver
Rod Young, P. Geo —  Senior Manager, Geologist, Compliance & Disclosure, TSX Venture Exchange, Vancouver

Click here for full faculty bios »

Welcome and Introduction

Graham H. Scott — McCullough O'Connor Irwin LLP, Vancouver

Current Mining Issues at the BC Securities Commission

Christopher Collins — Chief Mining Adviser, BC Securities Commission, Vancouver

Arbitrating Mining Disputes

• recent appellate decisions on Arbitration Law
  • shoring up the finality of arbitration awards
  • changing approaches to contract interpretation
  • limitation period hodge-podge
• enforceability of arbitration awards, international and domestic

Robert D. Holmes, QC — Holmes & Bilawich, Vancouver

Current Trends in Confidentiality Agreements

Cyndi Laval — Gowling WLG (Canada) LLP, Vancouver

Networking Break

Managing Option Agreements

• current practice on option terms
• lessons from recent case law
• exercising an option with a reluctant optionor

Alan J. Hutchison — Osler, Hoskin & Harcourt LLP, Vancouver

Joint Venture Risks

Michelle Grant — Ernst & Young, Vancouver

Questions

Lunch

Mining Company Disclosure — Practical Real-World Guidance

• regulations and regulators
  
• news releases
• websites and social media

Rod Young, P. Geo — Senior Manager, Geologist, Compliance & Disclosure, TSX Venture Exchange, Vancouver

The Regulators’ Duty of Fairness in Mining Development

• what does the duty of fairness entail?
• how does it relate to the Crown's consultation with Aboriginal groups?
• what can be done to best avoid unfair treatment, or address it if it happens?

Robin M. Junger — McMillan LLP, Vancouver

Local Government Interaction and Potential Restrictions on Mining

• Case Comment on Cowichan Valley Regional District v. Cobble Hill Holdings Ltd. 2016 BCCA 432
• When is a mine regulated by local government land use power?
• Is mine reclamation a landfill?
• What land uses beyond extraction activities are integral to mining?

L. John Alexander — Cox Taylor, Victoria

Networking Break

An English Mining Company’s Introduction to Aboriginal Law Issues in British Columbia

Brenda Gaertner — Mandell Pinder LLP, Vancouver

Royalty Companies’ Effect on Royalty Agreements and Other Recent Trends

• nature of a royalty
• provisions found in "traditional" royalty agreements
• new provisions found in agreements used by royalty companies
• importance of a royalty being an interest in land — a current Ontario example

David Allman — Edwards, Kenny & Bray LLP, Vancouver
Alan L. Monk — Edwards, Kenny & Bray LLP, Vancouver

Questions and Discussion