At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.

Howard Burshtein

Partner

PROFILE

Howard Burshtein is a partner whose practice focuses on securities, with an emphasis on mergers & acquisitions and corporate finance (domestic and cross-border). He acts for clients in takeover bids and other business combination transactions, public and private securities offerings and advises public companies, investment banks and other market participants on various aspects of securities law, stock exchange matters, and complex transactions. He also advises public companies and their boards on corporate governance and regulatory compliance matters, and acts for public companies and investors in shareholder activism matters. He has an active mining practice and recently has been advising clients on private equity's emerging role in the mining sector.

He advises clients on cross-border transactions in emerging and other markets. He also advises on the federal Corruption of Foreign Public Officials Act (CFPOA) that applies to Canadian corporations and individuals facing foreign anti-corruption risk in connection with their operations and transactions.

Prior to joining Fogler, Rubinoff LLP, he was a partner in both a leading Canadian law firm and an international law firm. Earlier in his career, Howard Burshtein served as a legal counsel with the British Columbia Securities Commission, and was a staff member of a B.C. government-appointed inquiry into the former Vancouver Stock Exchange and securities regulation in British Columbia. Prior to earning his law degree, he worked as a journalist, and completed the publishing management program at Stanford University.

Howard secured regulatory approval for Canada's first offering of securities over the Internet. Howard is ranked as leading lawyer by Martindale-Hubbell.

Representative Work

Aquisitions

  • HudBay Minerals Inc. in its acquisitions of Hudson Bay Mining & Smelting Co. Limited and Skye Resources Inc. and in its early warrant exercise incentive transaction raising over $104 million
  • ITOCHU Corporation in its acquisition of an interest in an Australian-based, Toronto Stock Exchange-listed mining company
    Ontex Resources Limited in its $50 million acquisition of Roxmark Mines Limited
  • Industrial Alliance Insurance and Financial Services Inc. in connection with its successful takeover bid of Clarington Corporation
  • Anaconda Mining Inc. in connection with its hostile take-over bid for a subsequent plan of arrangement with New Island Resources Inc.
  • Canada 3000 in its initial public offering and subsequent takeover bids for Royal Aviation and CanJet Airlines

Capital Markets and Securities

  • Royal Gold, Inc. in a US$235 million cross-border public offering
  • High River Gold Mines Ltd. in a $101 million bought deal
  • TD Securities Inc. in a US$34 million Northbound MJDS offering by Mine Management
  • BMO Nesbitt Burns and CIBC World Markets in connection with an $60 million public offering by Algonquin Power Income Fund
  • CIBC Work Markets and BMO Nesbitt Burns in connection with an $86 million public offering Algonquin Power & Utilities Corp.
  • Dundee Securities Corporation in the initial public offering of Detour Gold
  • Metallic Ventures Inc. in its initial public offering and various financings
  • Research Capital Corporation in a $57.5 million MJDS offering by Glamis Gold Inc.
  • GMP Securities in $38 million private placement by Elgin Resources Inc.
  • Tonbridge Power Inc. in its going public transaction and in its US$161 million financing with Western Area Power Administration pursuant to the American Recovery and Reinvestment Act
  • Ontario Ministry of Finance on Internet issues related to successive $4 billion and $3.4 billion Ontario Savings Bond offerings

Published Works

  • Written on a wide range of legal issues for The Lawyers Weekly and The National
  • Queen's Annual Business Law Symposium, The Corporation in the 21st Century, Author 

Speaking Engagements

  • Guest lecturer at Queen's University law school
  • Guest lecturer at University of Toronto business school
  • Presented on domestic Chinese regulatory approvals required for outbound transactions - Canadian Institute
  • Disclosure considerations in the context of public mining company M&A transactions - Federated Press

Memberships

  • Canadian Bar Association
  • Ontario Bar Association
  • Rocky Mountain Mineral Law Foundation
  • Prospectors and Developers Association of Canada

Education

  • British Columbia Bar, 1996
  • Ontario Bar, 1999
  • University of British Columbia, LL.B
  • University of Minnesota, B.A.
Portrait

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