Shows
Osler Legal OutlookImpact of transparency register requirements on financial sponsorsIn this article – “Impact of transparency register requirements on financial sponsors” – we look at the expansion of corporate ownership disclosure requirements in jurisdictions across Canada and the steps private equity and venture capital firms should take to ensure continued compliance.This article is authored by Alex Gorka, a partner and Co-Chair of the Mergers and Acquisitions group; Hugo-Pierre Gagnon, a partner in Osler’s Corporate group; Mike Proudfoot, an associate in the Corporate group; Trevor Scott, a partner in the Corporate group; Kai Sheffield, a partner in the Corporate group; and Aliza Zigler, an associate in the Corporate...
2023-12-0114 min
Osler Legal OutlookPrivate equity: developments in subscription line lendingIn this article – “Private equity: developments in subscription line lending” – we examine five emerging trends in the use and terms of subscription lines, or capital call facilities, that both investors and lenders in the fund finance market should consider heading into 2024. This article is authored by Chris Bennett, a partner and Chair of the Financial Services practice; Brett Anderson, who is a partner in Osler’s Private Funds group; Isabella Casciola, an associate in the Corporate and Venture Capital groups; and John Groenewegen, a partner on the Private Equity and Pension Fund Investment team.Osler Lega...
2023-12-0109 min
Osler Legal OutlookWhite-collar enforcement will continue to take shape in 2024In this article – “White-collar enforcement will continue to take shape in 2024” – the authors examine various emerging issues including developments in anti-bribery and corruption enforcement as well as changes to the anti-money laundering and anti-terrorist financing regime in Canada, and changes in supply chain and human rights law. This article is authored by Lawrence Ritchie, partner, Litigation and Chair, Risk Management and Crisis Response; Malcolm Aboud, Counsel, Litigation; Emilie Dillon, associate, Litigation; Sarah Firestone, associate, Litigation and Ankita Gupta, associate, Litigation. Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leadi...
2023-12-0114 min
Osler Legal OutlookEnergy transition ushers in compensation claims for shifting land use plansIn this article – “Energy transition ushers in compensation claims for shifting land use plans” – we look at how the move to more sustainable energy production has changed the demands on land use planning. The article examines the law of constructive taking, which is complex and requires a sophisticated litigation strategy when dealing with high profile disputes against governments. This article is authored by Maureen Killoran, K.C., partner, Litigation and National Co-Chair; Sander Duncanson, partner and Co-Chair, Regulatory, Indigenous and Environmental Group; Sean Sutherland, partner, Litigation; and Lisa Manners, associate, Litigation. Osler Legal Outlook is brough...
2023-12-0111 min
Osler Legal OutlookStrengthening Canada’s national security review regimeIn this article – “Strengthening Canada’s national security review regime” – we examine the emphasis being placed on national security when it comes to foreign investment in Canada and what is changing for 2024 and beyond for non-Canadians seeking to invest in Canada. This article is authored by Shuli Rodal, partner and Chair, Competition/Antitrust and Foreign Investment, Kaeleigh Kuzma and Michelle Lally, also partners in the Competition/Antitrust and Foreign Investment practice. Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your...
2023-12-0107 min
Osler Legal OutlookNavigating the future of remote workIn this article – “Navigating the future of remote work” – we review developments related to remote work and the operational and legal compliance challenges these arrangements pose for employers. This article is authored by Steven Dickie, partner, Employment and Labour; Kelly O’Ferrall, partner, Employment and Labour; and Sneha Ajai, associate, Employment and Labour. Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of...
2023-12-0114 min
Osler Legal OutlookCanada emerging as powerhouse in the global EV supply chainIn this article – “Canada emerging as powerhouse in the global EV supply chain” – we look at all of the advantages Canada has in the race to become a leader in supporting the production of electric vehicles. This article is authored by Shahir Guindi, Ad. E., Chair Emeritus and partner, Corporate Group; Alan Hutchison, partner, Corporate and Co-Chair, Mining; Hugo-Pierre Gagnon, partner, Corporate; and Michael Fekete, partner, Technology. Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clie...
2023-12-0114 min
Legal Year in ReviewHow dense is too dense? Challenges of urban densificationIn this article – “How dense is too dense? Challenges of urban densification” – we review key developments in the real estate sector with a focus on the densification of urban real estate. The author also looks at the important legislative responses from government that emerged in 2022 and their implications for the years to come including what the impact of densification might be on all classes of Canadian real estate.This article is authored by Paul Morassutti, partner and Chair, Real Estate.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a...
2022-12-1311 min
Legal Year in Review2023: Time to revisit your equity plan design and disclosureIn this article – “2023: Time to revisit your equity plan design and disclosure” – we review new Canadian non-GAAP disclosure rules and TSX Venture Exchange listing requirements; anticipated material changes to the design and disclosure of executive compensation arrangements for Canadian issuers listed on U.S. stock exchanges in 2023 and beyond; how National Instrument 52-112 – Non-GAAP and Other Financial Measures Disclosure (NI 52-112) has begun to affect executive compensation disclosure; and new SEC rules which require U.S. stock exchanges to issue new requirements for listed issuers, including Canadian listed issuers.This article is authored by Andrew MacDougall and Lynne Laco...
2022-12-1317 min
Legal Year in ReviewClarity on vaccine mandates and other issues for employers in 2022In this article – “Clarity on vaccine mandates and other issues for employers in 2022” – we review important the developments in labour and employment in Canada in 2022 including vaccination disputes arising in workplaces a well as some early decisions made by Canadian judges and arbitrators regarding mandatory vaccination policies. The authors also examine disconnecting from work and electronic monitoring policy requirements for Ontario employers, new rights for Ontario digital platform workers, the exclusion of consultants from the Ontario Employment Standards Act and the increase in fines for Ontario Occupational Health and Safety Act violations. We also review the expansion of paid sick lea...
2022-12-1327 min
Legal Year in ReviewCorporate governance: New corporate rules and enhanced societal expectationsIn this article – “Corporate governance: New corporate rules and enhanced societal expectations” – we review the highlights of the most significant developments in corporate governance throughout 2022 including the increasing prominence of ESG, including increased ESG-related activism, evolving expectations relating to mandatory climate-related disclosure and developments in diversity. As well, the authors recap ongoing and new corporate law changes and how they are affecting the ways corporations are governed.This article is authored by John Valley, partner, Corporate and Chair, Environmental, Social and Governance (ESG), Andrew MacDougall, partner, Corporate, and Justin Sherman, partner, Corporate.Legal Year in Revie...
2022-12-1311 min
Legal Year in ReviewDigital assets and blockchain: Trudging the road to greater clarityIn this article – “Digital assets and blockchain: Trudging the road to greater clarity” – we review the major developments that have occurred in the crypto space over the past year, including some notable consolidations and bankruptcies, the emerging regulatory framework for cryptoasset trading platforms in Canada, and enforcement actions taken against unregistered platforms, as well as a look toward what the future may hold for the sector. This article is authored by Matthew Burgoyne and Laure Fouin, partners, Corporate, and Co-Chairs, Digital Assets and Blockchain; Lawrence Ritchie, partner, Litigation, and Co-Chair, Risk Management and Crisis Response; and Jesse-Ross Cohen, A...
2022-12-1320 min
Legal Year in Review2022: A big year for benchmark interbank offered rate reformIn this article – “2022: A big year for benchmark interbank offered rate reform” – we review the significant developments regarding the transition of the Canadian benchmark rate, the Canadian Dollar Offered Rate, to the Canadian Overnight Repo Rate Average and the important considerations involved for the year ahead.This article is authored by Lisa Mantello, partner, and Jasmyn Lee, associate, both in the Banking and Financial Services practice.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business...
2022-12-1312 min
Legal Year in ReviewReverse vesting orders: Popular in Canada and going international?In this article – “Reverse vesting orders: Popular in Canada and going international?” – we review the use and benefits of the restructuring mechanism known as the reverse vesting order which insolvency professionals in Canada have been seeking, and courts have been approving, with greater frequency. We also look at the first example of a U.S. court recognizing a Canadian RVO in the United States. This article is authored by Marc Wasserman, partner, National Chair, Insolvency and Restructuring, Jacqueline Code, partner and Chair, Research, Kathryn Esaw, partner, Insolvency and Restructuring. Legal Year in Review is brought...
2022-12-1315 min
Legal Year in ReviewNo exit: Force majeure and economic risk allocation during COVID-19In this article – “No exit: Force majeure and economic risk allocation during COVID-19” – we review how the pandemic has resulted in an uptick in force majeure cases; litigation between Nieuport Aviation Infrastructure Partners GP and Porter Airlines Inc.; guidance provided to contractual parties by the Ontario Superior Court regarding force majeure; and the Supreme Court of Canada’s interpretation of the application of force majeure clauses.This article is authored by Jacqueline Code, partner and Chair, Research; James Brown, partner, Corporate and Co-Chair, Mining; and Adam Margeson, associate, Research.Legal Year in Review is brought...
2022-12-1315 min
Legal Year in ReviewCanadian privacy class actions evolve beyond traditional data breachesIn this article – “Canadian privacy class actions evolve beyond traditional data breaches” – we review the current state of privacy class actions in Canada and the shift by plaintiffs’ counsel away from traditional data breach claims. The authors also look at how Canadian courts are also continuing to consider and grapple with potential new privacy torts.This article is authored by Robert Carson, partner, Litigation and Simon Cameron, associate, Litigation.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm w...
2022-12-1311 min
Legal Year in ReviewTop Canadian public M&A legal developments in 2022In this article – “Top Canadian public M&A legal developments in 2022” – we review Canadian M&A activity in 2022; the use of derivatives in toehold accumulation strategies; implications of the delayed appeal of the Cineplex/Cineworld decision; recent developments in Rio Tinto’s proposed take-private acquisition of Turquoise Hill Resources; recent examples of public M&A deals being announced on the basis of term sheets; modifications to dual class share structures; the expectation that well-capitalized buyers will take advantage of depressed target prices during the first half of 2023; and further anticipated responses from the Ontario Securities Commission with respect to a number o...
2022-12-1324 min
Legal Year in ReviewThe freight train of privacy legislative reform keeps rollingIn this article – “The freight train of privacy legislative reform keeps rolling” – we review developments in Canadian privacy legislative reform in 2022; Québec’s Bill 64 which poses a number of personal information and confidentiality requirements on companies carrying on business in that province; the federal government’s Bill C-27 designed to create a new statutory framework governing personal information practices in the private sector; and Bill C-26 that seeks to create new powers for the federal government to respond swiftly to national security threats affecting federal critical infrastructure systems.This article is authored by Adam Kardash, partner and Chair, Pr...
2022-12-1319 min
Legal Year in Review2022 developments in capital markets enforcementIn this article – “2022 developments in capital markets enforcement” – we review structural changes to the capital markets regulatory landscape in Canada, including the separation of the regulatory and tribunal functions of the Ontario Securities Commission; some of the most notable enforcement actions initiated over the course of the year; the use of circumstantial evidence in insider trading cases; a Québec decision on territorial jurisdiction over out-of-province defendants in cases involving allegations of securities law violations; criminal and quasi-criminal enforcement proceedings initiated by the Ontario Securities Commission; and enforcement activity relating to crypto trading platforms.This article is authored...
2022-12-1315 min
Legal Year in ReviewESG: Increased activity and activismIn this article – “ESG: Increased activity and activism” – we review key factors impacting companies incorporating ESG considerations into their business operations and for those who are facing increasing stakeholder pressure for greater ESG disclosure. The authors cover several issues including several new proposals for climate-related disclosure, shareholder activism focused on ESG-related matters targeting various topics such as climate change and health and safety. The article also examines how, increasingly, ESG activists are using litigation to challenge how companies market or portray their products, services or policies as being environmentally friendly. Further, the article looks at how “greenwashing” claims are a...
2022-12-1317 min
Legal Year in ReviewTrade law, sanctions and export controls in an era of global geopoliticsIn this article – “Trade law, sanctions and export controls in a new era of global geopolitics” – we review recent developments relating to trade law, sanctions and export controls as well as key restrictions and the federal government’s response to evolving geopolitical situations, the possibility of a further strengthening of existing sanctions and potential implementation of further measures. The authors also review the possible retrenchment of international trade to focus on internal trade. Canada’s proposal to combat slavery and other forms of forced labour in its supply chains is also examined along with the introduction of legislation seeking to increase...
2022-12-1317 min
Legal Year in ReviewCritical minerals: A test for the Canadian mining industryIn this article – “Critical minerals: A test for the Canadian mining industry” – we review recent developments related to critical minerals in Canada including the federal government’s focus on the development of a critical minerals strategy and how the strategy is intending to identify new deposits for potential future development. As well, the authors review funding commitments made towards critical minerals research and development and steps being taken to reduce the influence of foreign state-owned enterprises in critical minerals.This article is authored by Alan Hutchison and James Brown, both partners, Corporate and Co-Chairs, Mining.Legal Ye...
2022-12-1310 min
Legal Year in ReviewWhite-collar crime enforcement in Canada: Making headway?In this article – “White-collar crime enforcement in Canada: Making headway?” – we review the significant developments in the regulation and enforcement of white-collar crime in Canada in 2022. These include the first court-approved deferred prosecution agreement in the country, in the SNC-Lavalin case; findings from the final report of the Cullen Commission of Inquiry into Money Laundering in British Columbia; Canada’s impending modern slavery legislation, Bill S-211; RCMP-led enforcement activities against complex financial crimes; and several other initiatives in the space.This article is authored by Stéphane Eljarrat, Lawrence E. Ritchie, Frédéric Plamondon, partners, Malcolm Aboud, counse...
2022-12-1313 min
Legal Year in ReviewCapital markets activity slows as regulatory changes appear on the horizonIn this article – “Capital markets activity slows as regulatory changes appear on the horizon” – the authors look back on a year that saw the slowing of activity levels, with initial public offering and follow-on activity declining to the lowest level in years. They also review key factors impacting businesses which participate in the capital markets and are subject to securities regulations. The article is authored by James Brown, partner, Corporate and Co-Chair, Mining, Jason Comerford, partner, Corporate, Rosalind Hunter, partner, Corporate, Michael Innes, partner, Corporate and Co-Chair Capital Markets, Desmond Lee, partner, Corporate and Co-Ch...
2022-12-1329 min
Legal Year in ReviewCanada proposes significant tax amendments to align with OECD BEPS recommendationsIn this article – “Canada proposes significant tax amendments to align with OECD BEPS recommendations” – we review significant tax amendments proposed by the federal government during 2022 and examine proposed interest deductibility limits, new anti-hybrid rules, mandatory disclosure rules, international tax reform and the GAAR consultation process.This article is authored by Patrick Marley, partner and Co-Chair, Tax, Kim Maguire, partner, Tax, and Ilana Ludwin, Tax lawyer.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on...
2022-12-1315 min
Legal Year in ReviewThe evolving regulatory landscape of virtual care in CanadaIn this article – “The evolving regulatory landscape of virtual care in Canada” – we review the changing rules related to virtual care including a look at the updating of virtual care policies by several health regulatory authorities and the licensing of extra-provincial virtual care providers, technology standards and the need for protection of personal health information.This article is authored by Michael Watts and Susan Newell, both partners, Health, and Lauren Hebert, associate, Health.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a s...
2022-12-1315 min
Legal Year in ReviewFinancial services regulation in 2022: Bridging the gapsIn this article – “Financial services regulation in 2022: Bridging the gaps” – we take a look at how regulators fleshed out details around the major developments in the Canadian financial services space over the past several years and worked towards operationalizing new systems and frameworks. This included payments modernization initiatives; new anti-money laundering measures initially introduced as a response to the protests and blockades in Ottawa early in the year; the long-awaited introduction of open banking; increased inter-regulatory cooperation on cryptoassets; and developments in financial title regulation across the country.This article is authored by Victoria Graham and Elizabeth Sale, bo...
2022-12-1316 min
Legal Year in ReviewBig changes to competition and foreign investment law and policy in CanadaIn this article – “Big changes to competition and foreign investment law and policy in Canada” – we review the significant issues that emerged in 2022 regarding competition and foreign investment law in Canada including amendments to the Competition Act, developments in competition litigation, national security reviews and a look ahead to 2023.This article is authored by Shuli Rodal, partner and Chair, Competition/Antitrust and Foreign Investment, Michelle Lally and Kaeleigh Kuzma, both partners, Competition/Antitrust and Foreign Investment, Christopher Naudie, partner, Litigation, Danielle Chu and Chelsea Rubin, both associates, Competition/Antitrust, Foreign Investment and International Trade, and Reba Nauth and D’Ar...
2022-12-1317 min
Legal Year in ReviewOur impressions of the most important developments of 2022In this article – “Our impressions of the year’s most important developments” – the authors review the notable developments in the Canadian legal and business landscape in 2022.This article is authored by James Brown, partner, Corporate and Co-Chair of the Mining Group and Jacqueline Code, partner and Chair, Research. Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 500 lawyers to provide t...
2022-12-0919 min
Legal Year in ReviewTax avoidance in Canada and the future of GAARIn this article – “Tax avoidance in Canada and the future of GAAR” – we review the federal government’s intention to modernize Canada’s anti-avoidance rules, including the GAAR; the release of the government’s consultation paper that describes potential sweeping changes to the GAAR; the proposal to change the burden of proof in GAAR cases; how the proposed changes would significantly narrow taxpayers' ability to plan commercial transactions in a tax-efficient manner; how the changes would undercut longstanding GAAR case law and undermine the very principles of certainty and predictability that the government seeks to preserve; and expected forthcoming guidance from...
2022-12-0908 min
Legal Year in ReviewThe perils of evidentiary ‘Jenga towers’ in securities class actionsIn this article – “The perils of evidentiary ‘Jenga towers’ in securities class actions" – we review a series of securities class action decisions in 2022 where Ontario courts provided useful guidance on elements of the statutory cause of action for secondary market misrepresentation; the gatekeeping role of leave motion judges; guidance on what constitutes a material change for purposes of the Securities Act (Ontario); the substantial evidentiary burden imposed on plaintiffs seeking to bring statutory secondary market claims based on forward-looking statements by management about future risks; the requirement for cogent evidence where technical disclosures do not reveal any obvious misrepresentation on their fa...
2022-12-0916 min
Legal Year in ReviewTreaty rights and resource development: The cumulative effects claims begin to pile upIn this article – “Treaty rights and resource development: The cumulative effects claims begin to pile up” – we review the rise in cumulative effects treaty infringement claims in 2022; the B.C. Supreme Court decision in Yahey that the province’s regulatory regime did not appropriately consider or assess the cumulative impact of development on Blueberry River’s treaty rights.; the B.C. government’s decision to enter into negotiations with Blueberry River to assess and manage the cumulative impacts of industrial development; Duncan’s First Nation claim against the Alberta government alleging an unjustifiable infringement of their treaty rights based on the cumulativ...
2022-11-2510 min
Legal Year in ReviewGovernment initiatives accelerate new investments in energy transition across Western CanadaIn this article – “Government initiatives accelerate new investments in energy transition across Western Canada" - we review the accelerated push over the past year towards energy transition and a net-zero future; the growth of such industries as CCUs, blue hydrogen and net-zero power generation; the federal government’s Emissions Reduction Plan 2030; the government’s funding commitment to its Low Carbon Economy Fund; the $8 billion Net Zero Accelerator Fund; the new Clean Fuel Standard; the federal budget’s investment tax credits related to energy transition; the Alberta government’s work towards finalizing the regulatory regime for both geothermal and critical mineral reso...
2022-11-2315 min
Legal Year in ReviewQuébec makes sweeping changes to its French language lawIn this article – “Québec makes sweeping changes to its French language law” – we review the adoption of Bill 96, An Act respecting French, the official and common language of Québec and the changes it brings along with an overview of the ramifications for failing to comply with the Act.This article is authored by Alexander Fallon, partner in the Litigation practice. Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of dome...
2022-11-2210 min
Legal Year in ReviewOverview of the most significant legal and business developments of 2021Welcome to Osler’s Legal Year in Review. In our introduction, we share important insights on significant legal developments in 2021, and their implications for Canadian business. The highlights covered here are further explored in the 32 articles that make up this year’s report.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 450 lawyers to provide the answers you need...
2021-12-2314 min
Legal Year in ReviewTax planning developments: Important international tax changesIn this article – “Tax planning developments: Important international tax changes” – we review such factors as the proposed changes for international taxation in Canada in 2021; Canada’s continuing work with the OECD, G20 and a number of other countries on significant international tax reform proposals; proposed new limits on interest deductibility; proposed anti-hybrid measures designed to reduce the tax advantages currently available in some situations as a result of an entity being treated differently by different jurisdictions; a proposed digital services tax on digital services that rely on the engagement, data and content contributions of Canadian users; an international tax reform pro...
2021-12-2312 min
Legal Year in ReviewCarbon capture and hydrogen development central to Western Canada’s energy transitionIn this article – “Carbon capture and hydrogen development central to Western Canada’s energy transition” – we discuss how Canada’s goal of achieving net-zero carbon emissions by the year 2050 has contributed to a transition in the country’s energy sector toward new technologies and processes like carbon capture and blue hydrogen, and the anticipated impacts of those developments on other sectors of the economy. We also take a look at the ways the Western provinces are encouraging this transition through tax incentives, carbon credits, and more.This article is authored by Sander Duncanson, who is a partner in Osler’s Reg...
2021-12-2310 min
Legal Year in ReviewSupreme Court ends uncertainty over constitutionality of federal carbon pricing frameworkIn this article – “Supreme Court ends uncertainty over constitutionality of federal carbon pricing framework” – we review Canada’s federal carbon pricing regime and the history of its constitutional challenges through courts in Saskatchewan, Ontario, Alberta and eventually the Supreme Court. The Supreme Court’s final decision, which provides much-needed clarity on the government’s ability to impose a minimum price on carbon, favours “modern cooperative federalism” and stresses the need for a national approach in addressing the existential threat of climate change.This article is authored by Richard J. King, who is a partner in Osler’s Regulatory, Environm...
2021-12-2312 min
Legal Year in ReviewDecoding crypto – Providing regulatory clarity to cryptoasset businessesIn this article – “Decoding crypto – Providing regulatory clarity to cryptoasset businesses” – we review such factors as the adoption of a clear registration regime for cryptoassets trading platforms (CTPs); regulatory guidance with regard to the advertising and marketing practices of custodial CTPs; new anti-money laundering requirements relating to virtual currencies; the lack of clarity about the extent to which securities regulators have jurisdiction to regulate cryptoassets; and the arrival of new regulated investment products for Canadian retail investors for investing in Bitcoin and Ether.This article is authored by Lori Stein, partner with Osler’s Corporate practice, and Asad Akhtar...
2021-12-2316 min
Legal Year in ReviewM&A: A look back at 2021 and ahead to 2022In this article – “M&A: A look back at 2021 and ahead to 2022” – we examine the remarkable volume of deal-making activity in Canada in 2021, a massive increase over the unpredictability of 2020, and the factors driving this to continue in 2022. We review “busted deal” litigation ensuing from the COVID-19 pandemic, including a pending decision that raises novel and complex damages issues. We also look at an order from the Alberta Securities Commission, the first in Canada to consider the use of derivatives to acquire a toehold position in the target and likely to have significant implications for toehold accumulation and stake-building strategies...
2021-12-2221 min
Legal Year in ReviewThe second year of COVID-19: A rapidly changing health landscapeIn this article – “The second year of COVID-19: A rapidly changing health landscape” – we review the difficult tasks management teams faced in 2021 as industry standards, government restrictions and guidance, and scientific knowledge pertaining to COVID-19 continued to evolve at a rapid pace. When suddenly politicized vaccines rolled out to the Canadian population, leaders had to decide whether and how to implement mandatory vaccination policies for their workforces. We discuss the factors Boards should consider when deciding on return-to-office plans as well as other developments complicating the pandemic response across the country.This article is authored by Michael Watts, w...
2021-12-2211 min
Legal Year in ReviewGovernment of Québec proposes stricter French language lawIn this article – “Government of Québec proposes stricter French language law” – we review aspects of An Act Respecting French, the Official and Common Language of Québec, which proposes the most significant changes to the Charter of the French Language since its enactment in 1977. We have highlighted the most significant considerations that may apply if the legislation comes into force. Several key amendments may be particularly significant in light of the new private right of action created in the Act, which could create material exposure for those not complying with the Act. This article is authored by Alexandr...
2021-12-2207 min
Legal Year in ReviewThe latest in Canadian health clinic acquisitionsIn this article – “The latest in Canadian health clinic acquisitions” – we review the current landscape of Canada’s health industry, including the factors leading to the flurry of M&A activity in the sector since the COVID-19 pandemic began, like. Though Canada’s health industry had long been seen as a difficult one for investors to enter, we look at the ways in which they have been able to break into the market and take advantage of its opportunities. We also explore important considerations for lenders and management in the industry as a result of complex funding regimes and unique regul...
2021-12-2210 min
Legal Year in ReviewTrade Regulation in 2021: A year of evolution and the “new normal”In this article – “Trade Regulation in 2021: A year of evolution and the ‘new normal’” – we review such factors as the evolution of trade law as businesses and governments continue to adapt and learn to operate post-pandemic; how the frameworks for Canada’s trade relationships with its largest partners have become increasingly embedded; and how government policy goals will only increase the compliance burden for businesses operating internationally heading into the new year. Developments in Canadian sanctions and human rights laws in 2021 are also covered.This article is authored by Alan Kenigsberg, a partner with Osler’s Taxation Group; by Malcol...
2021-12-2212 min
Legal Year in ReviewPeople, planet and performance: Embracing ESGIn this article – “People, planet and performance: Embracing ESG” – we review such factors as the greater attention being paid to ESG considerations in 2021; demands on corporations for more rigorous disclosure and achievements regarding ESG matters; the push by regulators for greater diversity disclosure; increased focus on climate-related financial disclosure; progress being made towards universal and verifiable metrics and recommended disclosure for corporate reporting; and the considerable focus during the year on the need to repair Canada’s troubled relationship with its Indigenous communities.This article is authored by Andrew MacDougall and Trevor Scott, partners in Osler’s Corporate pra...
2021-12-2214 min
Legal Year in ReviewProgressive changes in a historic year for capital markets activityIn this article – “Progressive changes in a historic year for capital markets activity” – we review such factors as the continuing push to modernize Canadian securities regulation and reduce regulatory burdens; the impact of the COVID-19 pandemic on issuers and investors; the significant interest in ESG from the investment community and from securities regulatory authorities; the adoption of a nationally harmonized process for the confidential pre-filing and review of prospectuses; the announcement of a new, single self-regulatory organization; efforts made to make capital raising more efficient for small and mid-sized companies; the Canadian Securities Administrators’ proposed mandatory climate-related disclosure requirements; and the pro...
2021-12-2219 min
Legal Year in ReviewExtraordinary first day relief, EFC guidance, good faith and more: Notable themes in CCAA restructuringsIn this article – “Extraordinary first day relief, EFC guidance, good faith and more: Notable themes in CCAA restructurings” – we review such factors as the extraordinary relief that takes effect during the first 10 days of a filing when the specific and unique circumstances faced by the debtor justify it; how regulatory stay can preserve the debtor’s licenses; the application of unilateral cessation of performance by debtor companies to obtain relief from onerous eligible financial contracts; and the importance of good faith as a baseline standard of conduct that underpins the discretionary relief available to a debtor company.This artic...
2021-12-2219 min
Legal Year in ReviewLeave Requirement in Securities Class Actions: “More than a speedbump, less than the Matterhorn”In this article – “Securities class actions leave: More than a speedbump, not the Matterhorn” – we review such factors as how the courts are becoming increasingly interventionist in their role as gatekeepers, particularly in the context of unmeritorious secondary market claims; how an action from secondary market misrepresentation under the Ontario Securities Act requires leave of the court; and how the test for obtaining leave is different from – and imposes a higher threshold than – the test for the authorization or certification of a claims action.This article is authored by Craig Lockwood, a partner with Osler’s Litigation group, and by Li...
2021-12-2213 min
Legal Year in ReviewSpotlight on Statutory Interpretation and Tax Avoidance: Three Key Decisions in 2021In this article – “Spotlight on statutory interpretation and tax avoidance: Three key decisions in 2021” – we examine two cases decided by the Supreme Court of Canada this year involving the permissible limits of international tax planning. The decisions clarify and provide important guidance on the principles of statutory interpretation in the tax context, with important implications for future tax planning and disputes. We also preview a third case, concerning the application of the general anti-avoidance rule to tax planning in the domestic context, that may make its way to the Court in 2022.This article is authored by Pooja Mihailov...
2021-12-2219 min
Legal Year in ReviewA dynamic year for capital markets enforcementIn this article – “A dynamic year for capital markets enforcement” – we review such factors as capital markets enforcement activity in 2021; the announcement of a beneficial ownership registry; the use of early resolution offers to resolve enforcement cases more efficiently; the pandemic-induced transition to virtual regulation and enforcement; the increase in whistleblower tips; the greater priority enforcers are giving to combatting white-collar crime; enforcement activity against crypto market participants; and new registration requirements for crypto asset trading platforms. This article is authored by Lawrence Ritchie and Alex Cobb, partners with Osler’s Litigation team; and by Sonja Pavic, Simon Camer...
2021-12-2126 min
Legal Year in ReviewFinancial services regulation in 2021: Back to businessIn this article – “Financial services regulation in 2021: Back to business” – we review some of the significant developments in the sector over the past year. As the industry continues its rapid evolution, 2021 saw various reforms and initiatives looking to regulate discrete parts of the financial ecosystem that had previously been lightly regulated, if at all, such as cryptocurrency, foreign money services businesses and open banking. We look at major amendments to Canada’s anti-money laundering regime that completed an overhaul beginning in 2019, as well as other legislative and regulatory updates affecting industry participants, and look to the future of the sector.
2021-12-2119 min
Legal Year in ReviewUpping the ante: Ontario’s iGaming model will be industry game changerIn this article – “Upping the ante: Ontario’s iGaming model will be industry game changer” – we review the significant developments in the Internet gaming sector in Canada in 2021, including the federal legalization of single-event sports betting and the proposed regulatory framework for Internet gaming in Ontario, which will provide private operators with immense and unique opportunities. We outline the registration process and applicable standards and policies for interested parties in the province, and discuss ongoing issues in the sector that are still being resolved.This article is authored by Eric Levy, who is a partner on Osler’s Corporate...
2021-12-2116 min
Legal Year in ReviewLawyers and the AI knowledge gapIn this article, “Lawyers and the AI knowledge gap”, we review what artificial intelligence is, how it can be applied to legal work, such as contracts, and the benefits that can be realized from AI-supported contract assembly and review. We also examine the value proposition of AI in law to enable legal professionals to more quickly and accurately, and how users of the technology should expect to work closely with legal technology companies to understand and refine the applications of AI and find ways to get the maximum use of the tools available.This article is authored by S...
2021-12-2112 min
Legal Year in ReviewVC fund managers innovate to keep paceIn this article – “VC fund managers innovate to keep pace” – we review such factors as the three significant developments in the Canadian fund market over the last 12 months; how opportunity funds capitalize on opportunities that a fund manager may not have been able to previously pursue; how establishing a continuity fund provides flexibility to an investment manager at the end of a fund’s life; how a permanent capital fund allows a fund manager to continuously raise new capital; and the expectation that we will sée more of these strategies in the years ahead providing the markets remain active....
2021-12-2110 min
Legal Year in ReviewCanadian courts confirm significant limits on privacy class actionsIn this article – “Canadian courts confirm significant limits on privacy class actions” – we review such factors as why a class action should not automatically follow from a data breach or incident; how plaintiffs must show evidence of actual harm to obtain certification; and how the courts have put a stop to privacy class actions that lack evidence of harm. The variety of tools that defendants have to defend against privacy claims are also covered.This article is authored by Mark Gelowitz, Céline Legendre, Robert Carson and David Rankin, who are all partners with Osler’s Litigation group, and...
2021-12-2110 min
Legal Year in ReviewWhite-collar defence: Increasing risks and enforcement activityIn this article – “White-collar defence: Increasing risks and enforcement activity” – we review such factors as increased compliance risks related to the ongoing COVID-19 pandemic; significant updates to federal anti-money laundering legislation and to Canada’s remediation agreements regime; key legal and regulatory developments which continue to increase prospective liability for businesses; global trends in support of internationally responsible business conduct; the requirement for companies to report international human rights and certain environmental abuses along their supply chains; Government of Canada funding for the implementation of a beneficial ownership registry for corporations in Canada; and an anticipated continuation of increased enforcemen...
2021-12-2119 min
Legal Year in ReviewCanada’s freight train of privacy legislative reform continuesIn this article – “Canada’s freight train of privacy legislative reform continues” – we review legislative changes and efforts across several Canadian jurisdictions in the privacy space in 2021. Québec’s new privacy law exposes companies to significant risk and severe financial penalties, and amendments to private sector policy regimes across the country seem inevitable. In light of these amendments and ongoing efforts, we emphasize the need for Canadian companies to have a robust understanding of their personal information practices and their privacy obligations practices in order to identify and manage their various legal and reputational risks.This article is au...
2021-12-2115 min
Legal Year in ReviewBack to the office? New workplace norms expected to evolve in coming yearsIn this article – “Back to the office? New workplace norms expected to evolve in coming years” – we review such factors as the continued impact of the COVID-19 pandemic on employers, including vaccine mandates, regular testing requirements and mask policies; new workplace norms following an unprecedented period of disruption; the employer focus on ensuring consistency with COVID-19 market practices; the need for employers and employees to reorient their efforts to reintegrate and ensure workplace safety on an ongoing basis; worker-friendly proposals in Ontario, federal pay equity legislation and new French language laws; and other legal developments that have affected employers in 2021...
2021-12-2122 min
Legal Year in ReviewExecutive compensation challenges both new and oldIn this article – “Executive compensation challenges, both new and old” we review some of the most important executive compensation issues of the year, including growing calls to tie executive compensation to the achievement of ESG goals, “say on pay” votes during the pandemic, compensation clawbacks, and an important court decision for employers. This article is authored by Andrew MacDougall, a partner in the Corporate team at Osler, Lynne Lacoursière, Co-Chair of the Executive Compensation practice, and Kelly O’Ferrall, Counsel with the Employment and Labour team at Osler.Legal Year in Review is brought to...
2021-12-2109 min
Legal Year in ReviewClass actions in British Columbia: Go west, young plaintiffs, go westIn this article – “Class actions in British Columbia: Go west, young plaintiffs, go west” – we review British Columbia’s long-held perception as a favourable forum for Canadian class proceedings, especially in light of recent legislative changes in Ontario, and whether and how that may be changing. We also a major B.C. decision from 2021 that signals an approach that will weed out unmeritorious cases at an early stage, as the Court of Appeal held that certification is not presumed to be the first procedural step in a proposed class action. This case suggests that defendants continue to have meaningful opportunit...
2021-12-2110 min
Legal Year in ReviewSupply Chain Disruption in the Face of the COVID-19 PandemicIn this article, “Supply chain disruption in the face of the COVID-19 pandemic” we review the impact the pandemic has had on the global supply chain, what risks it has created for businesses, and the due diligence organizations should be conducting to ensure they are mitigating potential risks, including regulatory risks, business continuity and disaster recovery, information security standards, policies and processes, litigation risk and key subcontractor risks. The changing circumstances of the pandemic have also highlighted the value of a flexible contractual framework. We also look at how many traditional supply chain contracts do not include sufficiently robust term...
2021-12-1711 min
Legal Year in ReviewSpeculating on the “new normal” in the post-pandemic global economyIn this article – “Speculating on the ‘new normal’” – we discuss the many ways the economy has evolved since the pandemic began. As vaccines roll out and industries rebound, supply chain issues are showing that it’s harder to restart an economy than to pause one. We also look at the reasons behind and the difference between rising prices and concerns around long-term inflation. Other factors, like the rise of hybrid working arrangements, also contribute to increased uncertainty for businesses and create new factors and risks to monitor and manage in the years ahead.This article is authored by Stephen Pol...
2021-12-1710 min
Legal Year in ReviewTime to talk about ownership of AI-generated intellectual property assetsIn this article – “Time to talk about ownership of AI-generated intellectual property assets” – we discuss how, as computers have become more powerful and they acquire higher-order brain function through machine-learning, they have developed the capacity for activity that humans would otherwise consider original or inventive, creating works worthy of copyright protection and inventions worthy of patents. In 2021, the first global court decisions grappled with whether a non-human can be an inventor for the purposes of patent law. By reviewing some of the decisions from courts around the world, we explore whether a non-human can be an inventor for the purposes...
2021-12-1710 min
Legal Year in ReviewLook before you leap: Impact of recent developments in Indigenous lawIn this article – “Look before you leap: Impact of recent developments in Indigenous law”– we review such factors as important Indigenous law considerations affecting infrastructure and resource development; the cumulative effects of industrial development and treaty rights; the need to incorporate Indigenous considerations at the outset of project development; the right of Indigenous groups to be consulted whenever Crown conduct may affect their economic interests in resource development; and how partnerships or other forms of benefit agreements with Indigenous groups may allow the developer to successfully manage project regulatory risk, while also providing meaningful benefits to local Indigenous communities.This...
2021-12-1709 min
Legal Year in ReviewMining 2021 – Market Windows and Accessing CapitalIn this article – ‘Mining 2021 – Market windows and accessing capital” – we review such factors as the capital markets’ bias towards established issuers; the need for mining companies to maintain a current technical report; longer regulatory review times for public offerings due to the volume of transaction activity occurring at the same time; a proposed financing exemption that will allow issuers with early stage exploration properties that have limited work programs to still qualify; and likely new options for issuers to raise capital in 2021.This article is authored by James Brown and Alan Hutchison, partners and Co-chairs of Osler’s Mining Group.
2021-12-1711 min
Legal Year in ReviewCorporate Governance in TransitionIn this article, “Corporate governance in transition”, we review the highlights of key developments in corporate governance throughout 2021, including the broader acceptance of virtual shareholder meetings, the rise of Environmental, Social and Governance (ESG) considerations, a continued push for diversity on boards and dual class share structures.This article is authored by Andrew MacDougall and John Valley, partners in the Corporate practice at Osler.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an...
2021-12-1710 min
Legal Year in ReviewAcquiring an AI Business – Not Your Typical Tech TransactionIn this article, “Acquiring an AI business – Not your typical tech transaction”, we examine why acquisitions of companies with AI-enabled solutions require new thinking as they raise unique risks for purchasers that differ from transactions involving traditional technology and software companies. That re-thinking includes legal due diligence and allocations of risk in purchase agreements. Understanding the different drivers of value for AI companies is critical in the context of M&A transactions as these drivers change the nature of the purchaser’s focus.This article is authored by Michael Fekete, the National Innovation Leader and a partner in the T...
2021-12-1608 min
Legal Year in ReviewAcceleration in the adoption of innovative legal service deliveryIn this article – titled “Acceleration in the adoption of innovative legal service delivery” – we note that the pandemic has provided a platform for conversations between lawyers and clients about innovative legal technologies, tools, processes and staffing models and has contributed to accelerating the pace of their adoption. In our article, we discuss increased focus on Alternative Legal Service Providers (ALSPs), captive ALSPs (those that function within law firms) in particular and the corresponding move by in-house legal departments to embrace them. This article is authored by Michael Fekete, Partner, Technology and National Innovation Leader, Simon Wormwell, Chief Knowledge...
2020-12-0910 min
Legal Year in ReviewA year featuring a flurry of Canadian privacy legislative reformIn this article – “A year featuring a flurry of Canadian privacy legislative reform” – we examine how legislative reform activity is changing the Canadian privacy arena.This article is authored by Adam Kardash, partner in Osler’s Privacy and Data Management Group and National Lead for AccessPrivacy, and Natasha Anzik, associate in our Privacy and Data Management Group.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues...
2020-12-0808 min
Legal Year in ReviewA busy year for technology: From contracting during COVID to consumer-directed financeIn this article – “A busy year for technology: From contracting during COVID to consumer-directed finance” – we note that the COVID-19 pandemic has increased consumer and business reliance on technological solutions and added a level of complexity to the delivery of services. We review the impact of the pandemic on commercial contracting, numerous developments in artificial intelligence (AI), an increase in the relevance of open data and further progress in payments modernization and consumer-directed finance (open banking).This article is authored by Wendy Gross, partner and chair and Sam Ip, associate of Osler’s Technology Group.Legal Year...
2020-12-0819 min
Legal Year in Review2020: A year of clarity for Canadian life sciences and software patentsIn this article, “2020: A year of clarity for Canadian life sciences and software patents,” we discuss how guidance from the courts’ recent patent decisions should shape companies’ Canadian patent strategies, both during the pandemic and beyond. Amid the COVID-19 pandemic, many of the most important innovations have arisen in the life sciences and software fields, from new disease test kits and anti-viral medicines to software that enables socially distant connectivity. The past year provided clarity regarding when innovations in these fields merit patent protection and how patent litigation is likely to unfold. This article is authored by J. Bradle...
2020-12-0809 min
Legal Year in ReviewFrom treaty shopping to FAPI and transfer pricing: Notable international tax cases decided in 2020In this article – “From treaty shopping to FAPI and transfer pricing: Notable international tax cases” – we review the implications of three decisions of the Federal Court of Appeal that have caused renewed interest in certain fundamental aspects of Canada’s international tax system. Two of these decisions will be before the Supreme Court of Canada in 2021. This article is authored by Monica Biringer, partner and co-chair of Osler’s Taxation Group, and Pooja Mihailovich, a partner in the Taxation Group.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a le...
2020-12-0812 min
Legal Year in ReviewCUSMA comes into force and Biden is declared President-elect: Calmer seas ahead for U.S.-Canada trade?In this article – “CUSMA comes into force and Biden is elected President: Calmer seas ahead for U.S.-Canada trade?” – we review an eventful year in cross-border trade and potential shifts in Canada-United States trade relations flowing from the U.S. election.This article is authored by Alan Kenigsberg, partner in Osler’s Taxation Group, and Gajan Sathananthan, associate in our Competition/Antitrust and Foreign Investment Group.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise cl...
2020-12-0809 min
Legal Year in ReviewEvolving capital markets regulatory enforcementIn this article – titled “Evolving capital markets regulatory enforcement” – we review the ongoing changes to securities enforcement practices, from the modernization of the regulatory regime to the uptick in whistleblowing activity.This article is authored by Lawrence E. Ritchie, partner in Osler’s Litigation Group and chair of our Risk Management and Response Group; Shawn Irving, Fabrice Benoît and Lauren Tomasich who are partners in our Litigation Group; and Sonja Pavic and Frédéric Plamondon who are associates in the Litigation Group at Osler.Legal Year in Review is brought to you by Osler...
2020-12-0816 min
Legal Year in ReviewRepresentations and warranties insurance – An increasingly important tool for Canadian dealmakersIn this article – “Representations and warranties insurance – An increasingly important tool for Canadian dealmakers” – we examine the growing use and significance of representations and warranties insurance in the Canadian private M&A market, and the impact of the pandemic on such policies. This article is authored by Michael Budabin McQuown, Mary Abbott, Brian Gray and Marc Kushner who are partners in the Corporate Law Group at Osler.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise cli...
2020-12-0808 min
Legal Year in ReviewForce majeure clauses: Contractual risk allocation and the COVID-19 pandemicIn this article – “Force majeure clauses: Contractual risk allocation and the COVID-19 pandemic” – we provide an overview of certain legal principles related to force majeure and consider some issues engaged when interpreting a force majeure clause, including in the context of the COVID-19 pandemic.This article is authored by Mark Gelowitz and Geoffrey Hunnisett, who are both partners in Osler’s Litigation Group, and Elie Farkas, associate in our Litigation Group.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular f...
2020-12-0813 min
Legal Year in ReviewNotable Developments in Insolvency Law: Flexible tools for challenging timesIn this article – titled “Notable developments in insolvency law: Flexible tools for challenging times” – we review the increasing use of flexible and, in some cases new, tools to assist distressed companies in restructuring their operations. This article is authored by Marc Wasserman, partner and national chair of Osler’s Insolvency & Restructuring Group, Kathryn Esaw, partner in Osler’s Insolvency & Restructuring Group, and Jacqueline Code, partner and chair of Osler’s Research Department.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focu...
2020-12-0824 min
Legal Year in ReviewKey developments in white-collar defenceIn this article – “Key developments in white-collar defence” – we note that as a result of the COVID-19 pandemic, this year was marked by uncertainty and increased risk for businesses. While white-collar enforcement activity in Canada remained limited in 2020, regulatory efforts to reform and enhance enforcement tools continued throughout the year. In our article, we discuss the impact of the COVID-19 pandemic and provide a snapshot of enforcement activity. This article is authored by Stéphane Eljarrat, partner and lead, white-collar defence and Lawrence E. Ritchie, partner and chair, risk management and crisis response and Sonja Pavic, Frédéric Plaman...
2020-12-0812 min
Legal Year in ReviewFlexibility in the financial market in response to major changesIn this article, “Flexibility in the financial market in response to major changes,” we discuss how financial market participants have been subject to many unprecedented changes in 2020 that have forced them to show a great deal of flexibility. Our article explores two of these events: the cessation of the London Interbank Offered Rate (most commonly referred to as LIBOR), and the impact of the COVID-19 pandemic.This article is authored by Lisa Mantello, a partner in Osler’s Banking and Financial Services Group, Timothy Hughes, a partner in Osler’s Taxation Group, and Jasmyn Lee, an associate in Osler...
2020-12-0816 min
Legal Year in ReviewNew opportunities and new challenges for Cryptoasset Trading PlatformsIn this article – titled “New opportunities and new challenges for cryptoasset trading platforms” – we review the proposed new approaches to the regulation of cryptoasset platforms which present a potentially safer environment for Canadian investors looking to invest in these assets.This article is authored by Lori Stein who is a partner in Osler’s Corporate Law Group and Evan Thomas who is counsel in the firm’s Litigation Group.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business...
2020-12-0810 min
Legal Year in ReviewEconomic recovery stimulates the Canadian construction and infrastructure sectorIn this article – “Economic recovery stimulates the Canadian construction and infrastructure sector” – we examine a number of construction and infrastructure initiatives established by the federal and provincial governments to stimulate economic growth in response to the impacts of the COVID-19 pandemic. This article is authored by Richard Wong, partner in our Commercial Law Group, Paula Olexiuk, partner in our Energy Law Group, Alexandre Fallon, partner in our Litigation Group, Emily Lynch, associate in our Litigation Group, Jagriti Singh, associate in our Construction Law Group and Storme McKop, Associate in our Corporate Law Group.Legal Year in R...
2020-12-0809 min
Legal Year in ReviewPursuing renewable project in Alberta in 2021: 5 things you need to knowIn this article – “Pursuing renewable projects in Alberta in 2021: 5 things you need to know” – we highlight five key developments in the renewable power industry that renewable developers, offtakers and other market participants in Alberta should be aware of.This article is authored by Paula Olexiuk, partner in Osler’s Energy Law Group, Dana Saric, partner in our Banking and Financial Services Group, and Jessica Kennedy and Jesse Baker who are both associates in the Regulatory, Environmental, Aboriginal and Land Group at Osler.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt L...
2020-12-0813 min
Legal Year in Review“Location, location, location” replaced by “COVID, COVID, COVID”In this article – “Location, location, location replaced by COVID, COVID, COVID” – we examine how COVID-19 affected the retail, industrial and office sectors of the real estate market in different ways and for different reasons.This article is authored by Paul Morassutti, partner in Osler’s Real Estate Group.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 400 lawyers to provide t...
2020-12-0811 min
Legal Year in ReviewCOVID-19 Tax measures and proposed international tax reformIn this article – “COVID-19 tax measures and proposed international tax reform” – we review two significant tax developments from 2020: Canada’s measures in response to COVID-19 and Canada’s participation with the OECD’s pursuit of international tax reform.This article is authored by Patrick Marley, partner and co-chair of Osler’s Taxation Group, Peter Macdonald, partner in our Taxation Group, and Ilana Ludwin, Kaitlin Gray and Taylor Cao, who are all associates in the Taxation Group at Osler.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, natio...
2020-12-0809 min
Legal Year in ReviewFederal and provincial battles continue over climate change regulationIn this article –“Federal and provincial battles continue over climate change regulation” – we examine the continued fundamental disagreement between the provinces and the federal government about who has the constitutional authority to regulate the environment, and climate change in particular. This article is authored by Richard King, partner in Osler’s Regulatory, Environmental, Aboriginal and Land Group; Jennifer Fairfax and Patrick G. Welsh, both partners in our Regulatory, Environmental, Aboriginal and Land and Litigation Groups; Evan Barz, associate in our Regulatory, Environmental, Aboriginal and Land and Litigation Groups; and Coleman Brinker and John Gormley, both associates in our Regulat...
2020-12-0817 min
Legal Year in ReviewEnhanced foreign investment scrutiny and a busy year for the Competition BureauIn this article – “Enhanced foreign investment scrutiny and a busy year for the Competition Bureau” – we examine the Canadian government’s largely unchanged approach to reviews of foreign investment and competition matters during the COVID-19 pandemic. This article is authored by Shuli Rodal, a partner at Osler and chair of the firm’s Competition/Antitrust & Foreign Investment Group, and Michelle Lally and Kaeleigh Kuzma who are both partners in Osler’s Competition/Antitrust & Foreign Investment Group.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law fi...
2020-12-0815 min
Legal Year in ReviewFinancial services regulation in 2020: Convergence, disruption and accelerationIn this article – titled “Financial services regulation in 2020: Convergence, disruption and acceleration” – we note that 2020, an unpredictable and volatile year, can be divided into three distinct phases: pre-COVID-19 pandemic; the initial COVID-19 phase which was marked by short-term emergency measures; and finally a measured resumption of more traditional regulatory function, activity and policy reform. In our article, we provide highlights of the past year as well what to expect in 2021.This article is authored by Lawrence E. Ritchie, Partner, Litigation and Chair, Risk Management and Crisis Response, Victoria Graham, Partner, Corporate and Elizabeth Sale, Partner, Financial Services. ...
2020-12-0813 min
Legal Year in ReviewNovel hybrid debt issuances by Canadian banksIn this article – titled “Novel hybrid debt issuances by Canadian banks” – we review the creation of a new form of hybrid instrument that satisfies the strict capital requirements applicable to Canadian federally-regulated financial institutions.This article is authored by Timothy Hughes, a partner in Osler’s Tax Group and Rosalind Hunter, a partner in Osler’s Corporate Group.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and c...
2020-12-0806 min
Legal Year in ReviewCanadian technology sector M&A activity accelerates into 2021In this article – “Canadian technology sector M&A activity accelerates into 2021” – we review the increased activity in the technology M&A market in the latter half of 2020 and the factors contributing to this momentum.This article is authored by Mark Longo, partner and co-chair of Osler’s Emerging and High Growth Companies Group, and Tara Folk, associate in the Emerging and High Growth Companies Group.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on a...
2020-12-0814 min
Legal Year in ReviewAll that glitters – 2020 mining reviewIn this article – “All that glitters – 2020 mining review” – we review the improved conditions in the market that have led to a resurgence in the mining industry.This article is authored by James R. Brown and Alan Hutchison who are the co-chairs of Osler’s Mining Group and partners at Osler.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 400 lawye...
2020-12-0808 min
Legal Year in ReviewThe rules they are a-changin’: Corporate governance developments in 2020In this article – titled “The rules they are a-changin’: Corporate governance developments in 2020” – we note that despite unprecedented upheaval resulting from the COVID-19 pandemic, this year has witnessed significant reform of corporate laws in jurisdictions across Canada; the launch of a process in Ontario for securities law reform, including reform of corporate governance practices; new U.S. rules on proxy advisors; and a long-overdue industry-led initiative sponsored by the Institute of Corporate Directors and the TMX Group to update corporate governance best practices in the country. In our article, we provide highlights of the past year as well as review ini...
2020-12-0817 min
Legal Year in ReviewA year of upheavals and dashed expectations: Executive compensation developments in 2020In this article – “A year of upheavals and dashed expectations: Executive compensation developments in 2020” – we discuss the fact that employers must find new ways to incentivize management in a world where traditional compensation metrics have been dramatically affected by both the COVID-19 pandemic and employee-friendly Canadian court decisions.This article is authored by Andrew MacDougall and Lynne Lacoursière who are partners in Osler’s Corporate Group, and Kelly O’Ferrall who is counsel in the Employment & Labour Group at Osler.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is...
2020-12-0809 min
Legal Year in ReviewReducing the regulatory burden: Positive changes in corporate and securities lawIn this article – “Reducing the regulatory burden: Positive changes in corporate and securities law” – we review a number of significant developments in the corporate and securities landscape in Canada in 2020 arising from regulatory amendments, pending proposals and the impact of the COVID-19 pandemic. This article is authored by James Brown, Rosalind Hunter, Michael Innes, Desmond Lee, Francois Paradis, Trevor Scott, Andrea Whyte.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of do...
2020-12-0820 min
Legal Year in ReviewU.S. securities law developments in 2020In this article – “U.S. securities law developments in 2020” – we note that in 2020, the Securities and Exchange Commission (SEC) continued to focus on streamlining and modernizing disclosure requirements and expanding access to capital for smaller businesses. The SEC simplified financial disclosure requirements in merger and acquisition transactions and expanded the categories of investors and intermediaries that are able to participate in private placements. The SEC also revisited some of its proxy rules relating to third-party shareholder communications. In our article, we discuss these U.S. securities law developments to streamline and modernize disclosure requirements.This article is authored...
2020-12-0815 min
Legal Year in ReviewCOVID-19 and difficult decisions for employers: Employment challenges in 2020In this article – “COVID-19 and difficult decisions for employers: Employment challenges in 2020” – we review the changes that have arisen not only from the impacts of the COVID-19 pandemic, but also from key case law developments that could profoundly affect the interpretation and enforceability of employment contracts, arbitration clauses and compensation plans.Please refer to Osler’s COVID-19 Workplace Playbook for more detail on these and other topics related to COVID-19 and the workplace.This article is authored by Kelly O’Ferrall, Counsel at Osler and Steven Dickie, who is a partner at Osler. Both authors are part of...
2020-12-0813 min
Legal Year in ReviewCOVID-19 expands health industry to all sectorsIn this article – “COVID-19 expands health industry to all sectors” – we review factors such as provincial states of emergency, increased adoption of digital health technologies, the heightened recognition of responsibility for the health and safety of employees and clients, worldwide shortages of personal protective equipment (PPE) and unprecedented initiatives from Health Canada in the form of temporary federal orders that have all forced traditional health industry participants to adapt to a continually changing and uncertain environment. For businesses operating outside of the health industry, they have also been required to seek highly specialized health regulatory advice in response to the impa...
2020-12-0812 min
Legal Year in ReviewLitigating during COVID-19 and other notable litigation developments in 2020In this article – “Litigating during COVID-19 and other notable litigation developments in 2020” – we highlight a number of the changes and adaptations related to the conduct of litigation that were adopted as a result of the lockdowns. We also examine several other significant litigation developments during 2020, including material amendments to the Ontario class actions statute, as well as important guidance from the Supreme Court of Canada regarding litigation funding as a tool in restructurings and the test for authorizing a class proceeding in Québec.This article “Litigating during COVID-19 and other notable litigation developments in 2020” – is authored by Laura Fric...
2020-12-0809 min
Legal Year in ReviewTop public M&A legal developments in 2020While the declaration of the novel coronavirus (COVID-19) as a global pandemic in Q1 – and its subsequent impact – resulted in a sharp decrease in deal volumes in the first and second quarters of 2020, deal volumes rebounded strongly in Q4. In this article – titled “Top public M&A legal developments in 2020”, we provide an overview of those trends as well as some of the most notable Canadian legal developments in public M&A in 2020.This article is authored by Alex Gorka, Manny Pressman and Jeremy Fraiberg, who are all partners in Osler’s Corporate group. Legal Year in...
2020-12-0809 min
Legal Year in ReviewOverview – 2020 Legal Year in ReviewIn our introduction, we share insights on key legal developments in 2020 and their implications for Canadian business. The highlights covered here are further explored in the 32 articles that make up this year’s report.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 400 lawyers to provide the answers you need, when you need them.Our Legal Year in R...
2020-12-0815 min
Legal Year in ReviewUnderstanding the K-shaped economic recoveryIn this article – titled “Understanding the K-shaped economic recovery” – we provide an overview of the economic recovery to help people understand the forces acting on the economy so they can make more informed personal and business decisions.This article is authored by Stephen Poloz, Special Advisor to Osler. As the former governor of the Bank of Canada, Stephen is subject to certain continuing restrictions that apply to his presentations and discussions. His remarks are his own personal views and do not represent the views of the Bank of Canada, his former office, the Government of Canada or any of it...
2020-12-0808 min