Lawyer Profile Detail

Daye Kaba






[email protected]




Ontario, 2007
New York, USA, 2001


Daye Kaba is a partner in our Business Law Group and a member of the Mining and Energy groups. His practice focuses primarily on securities and commercial law matters in the natural resources sector.

On the securities side, he is involved in advising corporations and securities dealers on equity and debt issues by way of public offering and private placements. He also advises in respect of stock exchange listings and M&A transactions.

On the commercial side, Daye advises companies with respect to the acquisition of rights in the natural resources’ sector, and drafts and negotiates agreements such as earn-in, joint venture, royalty, offtake and other commercial agreements. He has substantial experience dealing with issues arising from National Instrument 43-101 – Standards of Disclosure for Mineral Projects of the Canadian Securities Administrators.

Daye is also involved in advising governments with respect to the drafting of, and updating to, their mining legislation. Daye previously worked in the project finance department at the Paris office a New York-based law firm.

Daye is multi-lingual, fluent in English, French and Portuguese. He received his JD from the University of Michigan and was called to the New York bar in 2001 and the Ontario bar in 2007.

Daye is a member of a number of the World Initiative of Mining Lawyers (WIOML), Canadian Bar Association, Ontario Bar Association, Prospector and Developers Association of Canada (PDAC), New York State Bar Association and the International Bar Association. Outside of law, Daye volunteers with the Nelson Mandela Children’s Fund.


  • Advised IAMGOLD on its acquisition of Merrex in an all-share transaction by way of a court-approved plan of arrangement
  • Advised Zijin Mining Group Co. Ltd. in its acquisition of 49.5% of Ivanhoe’s Kamoa Copper Project stake for a total aggregate consideration of US$412 million, and its purchase of a 9.90% stake of Ivanhoe Mines Ltd. for C$105 million
  • Advised United Arab Emirates mining company on its acquisition of the In-Darset Gold Project in Mali
  • Conducted review of the Senegal energy sector and drafting of Code de l'électricité
  • Advised Cluff Gold plc in respect of the acquisition of Burkina Faso gold project
  • Advised Orezone Ressources Inc. in respect of debt facility for the Essakane gold project
  • Advised Barrick Gold in respect of its acquisition of Golden Giant Mine properties from Newmont


  • “Free Carried Interests in Francophone Africa Mining Legislation – Is there such thing as a free lunch?”, January 26, 2017
  • “TSXV Revises Definition of Tier 1 Property”, Mining Bulletin, July 23, 2014
  • “Global Overview, Getting the Deal Through,” Mining 2014, Law Business Research Ltd., June 2014
  • Côte d’Ivoire Adopts New Mining Code, Mining Bulletin, March 18, 2014
  • Striking a Balance: Is the Mining Legislation Pendulum Shifting Back Towards Resource Nationalism, Mining Environmental Management, July 2010


  • “Negotiation of Mining Contracts,” Capacity Training Seminar, Bissau, Guinea-Bissau, July 4-5, 2017
  • "Government Equity Participation in Mining Companies,” 3rd Annual Conference of World Initiative of Mining Lawyers,” Toledo, Spain, June 7, 2017
  • “Financial Charges due to Public Authorities - Royalties,” Workshop 5, 3rd International Congress on Mining Law, Brasilia, Brazil, May 10, 2017
  • “Update on South Africa: A Discussion with Mr. Mosebenzi Zwane, Honourable Minister of Mineral Resources and delegates from the Republic of South Africa,” Toronto, ON, March 7, 2017
  • Is Mali the hottest mining investment destination in Africa today? Cape Town, South Africa, February 8, 2017
  • Contexte Juridique en Période de Crise en Afrique Francophone, Cape Town, South Africa, February 10. 2016


  • Africa Intelligence reports the hiring by McCarthy Tétrault of mining expert Daye Kaba, “Daye Kaba, nouvel atout minier de McCarthy Tétrault”, Africa Mining Intelligence, November 2017
  • Forbes Afrique features Daye Kaba on his career and his advisory role in high-level financial transactions “Daye Kaba: L’avocat qui compte en millions de dollars” by Serge Tchaha, Forbes Afrique, February 2014

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McCarthy Tétrault delivers integrated business law, tax, real property, labour and employment, and litigation services nationally and globally through offices in Vancouver, Calgary, Toronto, Montréal, Québec City, as well as in New York City and London, UK.