Mining Disputes Insights Series 2026
Mining projects and deals take shape through a fast‑moving mix of legal and commercial pressures, including cross‑border claims, constitutional and Indigenous law developments, and more frequent disputes across the project and transaction lifecycle.
Our Mining Disputes Insights Series highlights recent court decisions, legal developments and policy shifts that are influencing how capital is deployed, how transactions are structured, and how projects are advanced and defended when challenged. Each article offers focused insight on a specific pressure point or recent development, with an emphasis on practical consequences for mining companies, investors, and other market participants. Across the series, we explore questions that matter to both operational and deal teams.
Defending global claims at home: rebalancing transnational mining litigation in Ontario
Recent decisions underscore that a corporate presence in Canada may not be enough to anchor litigation here. Courts are taking a hard look at which jurisdiction is the most suitable for deciding the dispute.
Find out how these principles affect jurisdictional outcomes in mining‑related litigation and what you can do to protect your interests.
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Key Contacts
Shea T. Small
Partner | Co-Head of M&A | Co-leader Global Metals & Mining
Toronto, London, UK
+1 647-283-8424
+44 77-8010-6244
About McCarthy Tétrault’s Mining Litigation Team
McCarthy Tétrault’s Global Metals & Mining litigation team handles complex disputes tied to mining projects and transactions in Canada and internationally. We advise mining companies, financiers, governments, and communities on issues that affect project continuity, deal certainty, and capital deployment, drawing on extensive experience in regulatory proceedings, judicial reviews, international arbitrations, litigation, and transaction‑related risk management.
Our work spans permitting and approvals, environmental and governance disputes, contested transactions, Indigenous consultation, and investment arbitration, among other things. Working alongside our leading mining, Indigenous, environmental, and corporate practitioners, we help clients anticipate risk, manage exposure, and position projects and transactions to remain resilient. Visit our Global Metals & Mining practice page to learn more about our team and our services.