David Ian Johnston
Contact Us
250 Place d'Youville
Montréal, H2Y 2B6
Canada
Address:
Email:
Phone:
514 944 8690
• Canada: 30 years’ experience in commercial and securities practice, relating to financial services, petrochemical, wind power generation, mining, software development, and biotech industries
• Mexico: Mining, environment, corporate
• Ecuador: Inter-American Development Bank mandate to review all secured lending legislation in Ecuador and recommend amendments to legislation in order to re-align Ecuadorian legislation with other jurisdictions
• Venezuela: Bulk food import/export contracts, government negotiation, litigation management
• Colombia: Hotel complex financing for American investors
• British Guyana: Acquisition of mineral properties and claims, and negotiation of joint ventures
• Chile: Numerous mining, financing, and hospital projects
• Portugal: Counsel for mining exploration projects
• Guinea, Mali, Burkina Faso, Ivory Coast, Senegal, Central African Republic, Democratic Republic of Congo (all OHADA countries): Acquisition of numerous properties related to precious metals, uranium, phosphate; joint venture agreements; negotiation of claims and leases with government authorities; direct local counsel in litigation. Setting up local facilities and plants relating to mining activities. Acquisition of financial entities on behalf of financial institutions.
• Ghana: Various projects involving claims and joint ventures
• Eritrea: Drafting and negotiating first mining lease with Government of Eritrea. Interpretation of local laws and Corporation Act
• Tanzania: Disposal of mining interests
• Ethiopia: Acquisition of mining interests
Experience in Canada and abroad
• Continuous disclosure compliance; MD&A; AIF, SEDI, business acquisition reports; listing statements, interface with stock exchanges and regulatory authorities
• Security filings and corporate services
• Shareholder agreements
• M&A negotiation and contracts
• Employment and consulting agreements
• Lease agreements
• Evaluation of and strategy for taking and defending lawsuits
• Capital structure questions
• Standstill agreements
• Corporate governance advice
• Strategies for raising capital
• Crowdfunding financing
MINING INDUSTRY
• Negotiating and drafting agreements with local partners for the acquisition of mining titles. Considerations for purchase often involve a combination of cash, services, net profits interest, or royalty interest
• Drafting joint venture agreements
• Setting up locally recognized legal entities to hold mining titles and to carry out exploration or mining activities
• Reviewing and negotiating permitting and royalties with local authorities
• Review of taxes, duties and royalties
• Working with international consultants to structure tax-efficient offshore vehicles
• Directing applications for, and negotiation of, mining licences
• Coordination of teams that include Canadian as well as local managers, consultants, employees and local counsel
• Anticipating and dealing with local liability issues in order to protect local directors and managers
• Undertaking due diligence for and offering advice to financial institutions seeking to finance mining ventures in foreign jurisdictions
COMMMERCIAL GENERAL
Services
Firm Overview
With 30 years of experience in Canada, South America and Africa, the firm has acquired knowledge and expertise regarding issues of national and regional security, has developed and maintains widespread local contacts, follows evolving local politics, and is cognizant of sensitive social environments and related legal issues.
Johnston Law's record of providing legal advice and services tailored to meet individual client needs has met with a high level of success, especially for clients requiring the services of an in-house legal counsel. Johnston Law works hand-in-hand with clients’ mainstay Canadian and or U.S. legal teams and where required provides a seamless platform of specialized legal services through his team of legal professionals.
Located in Old Montreal, Johnston Law is minutes from the midtown and 20 minutes from Trudeau International Airport. Fully equipped conference rooms and experienced support staff are available at all times.
