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Brian Graves Toronto Lawyer

Brian Graves

Partner Fasken
The mining sector is an engine of growth for the world economy and contributes positively to value creation, innovation and the lives of individuals. It is both a privilege and a challenge to advise on projects and transactions in the industry that have positive impacts on so many.
Jurisdiction New York, 1998 | Ontario, 1997
Language(s) English
Office(s) Toronto
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Overview

Brian Graves advises clients on mergers and acquisitions, corporate finance, commercial and securities law matters. Brian works primarily with clients in the mining and metals industry with a particular focus on cross-border transactions, and among other things is considered an authority on metal streaming and royalty transactions.

Brian regularly acts as a trusted advisor to clients on M&A deals for Canadian and foreign clients, including take-over bids, plans of arrangement, reverse take-overs, asset and share purchases and related party transactions. In the mining and metals space, in addition to metal streams and royalties, Brian also advises on other commercial arrangements such as complex joint ventures, earn-ins, operating agreements, offtake and refining arrangements, and lending transactions. In the corporate finance area, he is frequently involved in public and private securities offerings, stock exchange listings and securities regulatory matters.

Brian has published articles on numerous topics including metal streaming, public company redomicilings, take-over bids and mining disclosure, and has lectured on areas including cross-border M&A, shareholder agreements, joint ventures, dealing with multiple listed companies and directors’ duties. He has taught securities law as a visiting professor at the University of Western Ontario Faculty of Law and as a lecturer at the University of Windsor law school, and has appeared on the faculty of the Directors College founded by McMaster University.

Achievements

  • Recognized in the Canadian Legal Lexpert Directory as Repeatedly Recommended in Corporate Finance & Securities, Canadian Legal Lexpert Directory 2024 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Repeatedly Recommended in Corporate Mid-Market, Canadian Legal Lexpert Directory 2023 to 2026
  • Recognized nationwide in Canada in Mining (International & Cross-Border), Chambers Global 2020 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Repeatedly Recommended in Mergers & Acquisitions, Lexpert 2020 to 2026
  • Recognized in Mergers and Acquisitions Law and Mining Law in Toronto, The Best Lawyers in Canada 2020 to 2026
  • Recognized nationwide as a Leading Individual in International Mining Operations, The Legal 500 Canada 2017 to 2026
  • Recognized nationwide in Energy & Natural Resources: Mining, Chambers Canada 2016 to 2026
  • Recognized in Natural Resources Law in Toronto, The Best Lawyers in Canada 2013 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Consistently Recommended in Mining, Canadian Legal Lexpert Directory 2012 to 2026
  • Recognized in Mining Law, Lexpert 500 Cross Border Directory (formerly ALM 500) 2024 to 2025

Experience

  • SolGold completes £867 million takeover by Jiangxi Copper Company Limited, [Deal - SolGold plc], Mineral exploration and development company and owner of the Cascabel copper-gold project in Ecuador acquired by major Chinese copper producer.
  • Appian Capital Advisory LLC completed a blended $175 million financing package for Asante Gold Corporation (listed on the Canadian Stock Exchange), the owner of two gold producing assets in the Republic of Ghana, [Deal - Appian Capital Advisory LLC], A blended $175 million financing package for Asante Gold Corporation by Appian Capital Advisory LLC.
  • First Quantum Minerals completes US$1.0 billion gold streaming transaction on its Kansanshi copper mine in Zambia, [Deal - First Quantum Minerals], Canadian mining company completes gold stream financing.
  • Gold Fields enters into US$48 million earn-in option and joint venture agreement with Torq Resources Inc., [Deal - Gold Fields Limited], Global gold mining company enters into a joint venture agreement.
  • Lundin Mining completes C$4 billion joint acquisition of Filo with BHP and concurrent US$690 million sale of 50% Josemaria interest to form Vicuña Corp., [Deal - Lundin Mining Corporation], Leading Canadian base metals mining company completes joint acquisition and concurrently forms joint venture.
  • Gold Fields completes US$62.3 million strategic sale of its 24% interest in Rusoro Mining Ltd. to Fulcrum Global Markets LLC, [Deal - Gold Fields Netherlands Services B.V.], One of the world's largest gold mining firms completes sale of its 24% interest in a Canada-based mining and exploration company.
  • SCR-Sibelco NV announces strategic joint venture with Avalon Advanced Materials Inc., [Deal - SCR-Sibelco NV], Belgian based global material solution company completes a joint venture agreement to develop Ontario lithium mining operations.
  • SCR-Sibelco NV completes a C$13 million investment, [Deal - SCR-Sibelco NV], Belgian based global material solution company completes an investment financing.
  • BaseCore Metals LP completes US$525 million portfolio sale including nine royalties and one stream to Sandstorm Gold Ltd., [Deal - BaseCore Metals LP], Base metals focused streaming and royalty company sells high-quality portfolio to gold royalty company.

Career & Education

Education

  • LLB University of Toronto
  • B Comm, Joint Honours in Economics and Finance McGill University

Memberships & Affiliations

  • Member, International Bar Association
  • Member, Prospectors and Developers Association of Canada
  • Member, Rocky Mountain Mineral Law Foundation

Events

  • How will ROFR Provisions be Interpreted and Enforced by the Courts?, 2/28/2024
  • International Mining Investment and Developments: The Path Forward, 6/15/2020
  • Fasken Mining Seminar in Johannesburg, South Africa - Finding Solutions and Viable Alternatives, 10/2/2018
  • Are All Royalties Created Equal? Important Due Diligence Considerations When Creating, Buying or Evaluating a Mineral Royalty, 3/6/2017

News

  • Brian Graves comments on takeover prospects for junior gold miners in The Globe and Mail, 11/4/2024
  • Sarah Gingrich and Brian Graves comment the future of M&A in mining and energy in Lexpert, 9/9/2024
  • Lexpert® ALM 500 Directory 2022 Names 22 Fasken Lawyers, 1/6/2022
  • Lexpert® ALM 500 Directory 2020 Names 18 Fasken Lawyers, 12/13/2019
  • Forty-Two Fasken Lawyers Ranked in 2020 Edition of Legal 500 Canada, 11/19/2019
  • Lexpert®ALM 500 Directory Names 18 Fasken Lawyers, 12/12/2018
  • Miningweekly.com quotes Brian Graves in an article about a viable alternative funding solution for metal streaming, 10/5/2018
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018
  • Lexpert Magazine quotes Brian Graves in an article about the uncertainty of NAFTA and the potential future implications if it gets thrown out, 6/21/2018
  • Lexpert Highlights Fasken lawyers in Special Edition on Corporate law, 4/27/2018