Erik Goldsilver  

Partner

Executive Summary

Erik Goldsilver is a partner in the Toronto office of Borden Ladner Gervais LLP. Erik practices in the Securities and Capital Markets group with specific expertise in the mining, natural resources and energy sectors.

Erik regularly acts for Canadian and international mining companies on acquisitions and dispositions of mines, mining projects and mining companies; project development; and mine operations in Canada and throughout the world. Erik also advises on the structuring and negotiation of option and joint venture agreements, shareholder agreements, royalty arrangements, offtake agreements and streaming agreements.

Erik has extensive experience with all legal aspects of the development, construction and operation of mining projects, including advising on environmental and regulatory compliance matters, permitting issues and mine closure, decommissioning and reclamation issues. He advises mining clients on First Nation/Inuit exploration agreements, impact benefit agreements and other commercial agreements for mine exploration and development and other infrastructure requirements.

Erik also advises clients on energy-related issues, such as power procurement, interconnection and transmission services.

Representative Work

Representative mining transactions or projects in which Erik has been involved include:

  • Acting for Glencore International AG in the sale of a C$31.2 million convertible debenture by Champion Iron Limited to Glencore International AG.
  • Acting for Kinross Gold Corporation in the option to acquire a 100% interest in Yorbeau's Rouyn Property from Yorbeau Resources Inc.
  • Acting for Sulliden Mining Capital Inc. in the option of the Troilus Mine from First Quantum Minerals Ltd.
  • Acting for Sandstorm Gold Ltd. in their US$152 million multi-asset stream transaction with Yamana Gold Inc.
  • Acting for Blackstone Tactical Opportunities in their US$540 million construction financing package with Orion Mine Finance Group to Pretium Resources Inc.
  • Acting for Lundin Mining Corp. on the purchase of the Eagle Mines nickel-copper project in Michigan for US$325 million.
  • Acting for Silver Wheaton Corp. in its purchase of life of mine silver and gold production from HudBay Minerals Inc.'s 777 Mine in Canada and Constancia Project in Peru for total cash consideration of US$750 million.
  • Acting for Yamana Gold Inc. in the US$310 million option of its Agua Rica project in Argentina to Minera Alumbrera Limited.
  • Acting for Paladin Energy Ltd. in the negotiation of a six year off-take agreement with a major utility to deliver a total of 13.73Mlb U3O8 and a US$200 million prepayment agreement.
  • Acting for New Gold Inc. in the US$53 million sale of its Amapari Mine in Brazil to Beadell Resources Limited.
  • Acting for IC Potash Corp. in the completion of its $40 million strategic investment and offtake agreement with Yara International ASA.
  • Acting for Silver Wheaton Corp. in its purchase of 25% of the life of mine silver production from Barrick Gold Corporation's Pascua-Lama project in Argentina and Chile, and 100% of the silver production from Barrick's Lagunas Norte and Pierina mines in Peru and Barrick's Veladero mine in Argentina until the end of 2013.
  • Acting for Yamana Gold Inc. in the US$200 million sale of its Sao Francisco and Sao Vicente mines in Brazil and its San Andres mine in Honduras.
  • Acting for Silver Wheaton Corp. in its purchase of 100% of the life of mine silver and gold production from Augusta Resource Corporation's Rosemont Copper Project located in Pima County, Arizona for total consideration of US$230 million.
  • Acting for Kinross Gold Corporation in the negotiation of a US$116 million option agreement to earn up to a 70% interest in Linear Gold Corp.'s Ixhuatan Project in Chiapas State, Mexico.

Representative energy transactions or projects in which Erik has been involved include advising:

  • The Government of Ontario on the transfer of assets from the former Ontario Hydro to its successor companies.
  • Municipalities in the restructuring and disposition of electricity utilities.
  • Industrial and commercial electricity consumers on power purchase agreements.
  • Enwave District Energy Limited on the construction and implementation of its Deep Lake Water Cooling Project.
  • The City of Toronto as the sole shareholder of Toronto Hydro Corporation in connection with an initial public offering of debt securities by Toronto Hydro Corporation.
  • The City of Toronto in connection with the monetization of a $490 million promissory note issued by Toronto Hydro Corporation and the secondary offering of Toronto Hydro Corporation debentures.
  • DeBeers Canada on matters pertaining to the supply of electricity transmission services (including interconnection services and upgrades to existing transmission facilities) from Hydro One Inc. and Five Nations Energy Inc. for its Victor Mine in Northern Ontario.
  • The City of Hamilton as the sole shareholder of Hamilton Utilities Corporation and the merger of Hamilton Hydro Inc. with St. Catharines Hydro Utility Services Inc.
  • Ventus Energy Inc. on the sale of wind-generated electricity from facilities in Nova Scotia, New Brunswick and Prince Edward Island.

Publications & Presentations

  • Speaker, "Streaming Agreements and Offtake Agreements," Mining Law Short Course: Domestic and International Issues, Rocky Mountain Mineral Foundation, November 2014.
  • Presenter, "2nd Annual Mining Agreements Seminar," Federated Press, April 2014.
  • Speaker, "Product Sales and Offtake Agreements," The Osgoode Certificate in Mining Law, April 2014.

Rankings & Recognitions

  • Selected by peers for inclusion in the 2018 edition (and since 2013) of The Best Lawyers in Canada® (Mining Law, Natural Resources Law).
  • Recognized in the 2017, 2016 and 2015 editions of the Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (Mining).
  • Recognized in the 2017 edition of Chambers Canada – Canada’s Leading Lawyers for Business (Energy & Natural Resources: Mining​).​​​
  • Recognized in the 2017 and 2016 edition of Chambers Latin America — Latin America's Leading Lawyers for Business.​
  • Recognized in the 2016, 2015, 2014 and 2013 editions of the Lexpert® Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada (Mining​​).​
  • Recognized as a leading corporate lawyer in the 2017 and 2016 editions of the Lexpert®/Report on Business Corporate Special Edition.
  • Recognized in the 2015/2016 edition of the Lexpert®/Special Edition on Global Mining
  • Recognized in the 2017, 2015 edition (and since 2010) of The Canadian Legal Lexpert® Directory (Mining).
  • Recognized in the 2016 edition (and since 2012) of Chambers Global — The World's Leading Lawyers for Business (Projects: Mining: Leading Canadian Firms [Latin America-wide]).
  • Recognized in the 2016 edition (and since 2010) of Who's Who Legal: Canada (Mining).
  • Recognized in the 2015 edition of IFLR1000 (Banking; Energy & Infrastructure; M&A; Project Development; Project Finance; Mining).
  • Recognized by Latinvex as one of Latin America's Top 100 Lawyers in 2014 and 2016.