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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BC Court of Appeal Finds Mineral Tenure Regime Inconsistent with UNDRIP: Gitxaala v. British Columbia (2025)
A recent B.C. Court of Appeal decision found B.C.’s mineral claim system inconsistent with UNDRIP and made key findings about how UNDRIP applies to provincial legislation, with potential consequences for consultation practices and regulatory approval processes. Leave to Appeal to the SCC has been sought.
The ruling raises critical questions about consultation timing, tenure certainty, and regulatory risk that could affect project planning and approvals across the province, particularly in the mining and energy sectors.
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Consultation Commitments and Commercial Consequences: B.C. Supreme Court Quashes Licence Transfer Approval: Gitanyow Hereditary Chiefs v. British Columbia
B.C. Supreme Court ruling highlights how failures in Indigenous consultation can undo licence transfer approvals – even when no new rights are created.
Although the legal duty to consult rests with the Crown, the business risk for mining and other resource companies from failed consultation may mean delays, cancelled approvals, and uncertainty for the project proponent.
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Developments in State Attribution, Governance and Indigenous Self‑Determination in Mining Investment Disputes
Recent international arbitration trends in mining project investments show tribunals increasingly considering Indigenous rights, governance and self‑determination when assessing State conduct in mining disputes.
These developments may reshape how responsibility, liability, and project risk are assessed — with potential consequences for investors and governments.
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From Permits to Performance: What 2026 holds for mining investment arbitration
Companies that proactively manage social licence, environmental compliance, and climate-related risk are better positioned to reduce disruption, preserve project value, and achieve favourable outcomes when political risks manifest.
Developing an effective dispute strategy upfront is key to managing risk.
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Deal Litigation in Mining M&A: Predictable risks — and practical ways to protect value
Mining M&A transactions are increasingly being scrutinized, making litigation a foreseeable deal risk as courts and regulators scrutinize deal processes, disclosure, pricing and post-closing mechanics.
Find out what deal participants can do to reduce uncertainty and protect value.
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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.
For a closer look at developments affecting the mining sector and guidance on addressing challenges and opportunities, check out our Mining Prospects blog.