Shows
Osler Legal OutlookThe rise of retail: accessing private marketsIn this article — The rise of retail: accessing private markets — we discuss how there are now greater opportunities for the mass affluent and retail investors to participate in private asset investing. The availability of this form of investing is also helping to fuel the growth of Canadian companies. The democratization of private asset investing is expected to accelerate and continue to evolve in 2025.This article is authored by John Black, Co-Chair of Osler’s Investment Funds practice, John Groenewegen, Brett Anderson and Shawn Cymbalisty who are partners in the firm’s Corporate Group, Chima Ubani, a partne...2024-12-0512 min
Osler Legal OutlookNavigating control transactions: clarifying acceptable conduct boundariesIn this article — Navigating control transactions: clarifying acceptable conduct boundaries — we review recent decisions by Canadian securities regulatory which are helping to guidelines for acceptable behaviour during takeover bids. It will be important for issuers, shareholders and other interested parties to have a good understanding of the regulatory landscape and developing regulatory case law as acceptable behaviour guidelines continue to evolve.This article is authored by Teresa Tomchak, a partner with Osler’s Disputes practice; James Brown, a partner with the Corporate group and Co-Chair: Mining and Natural Resources; Alex Gorka, a partner with the Corporate group and Co...2024-12-0511 min
Osler Legal OutlookCanadian global minimum tax, digital services tax and other international tax reformsIn this article — “Canadian global minimum tax, digital services tax and other international tax reforms” — we consider how Canadian businesses can best navigate this new landscape and what to watch for in 2025. Key topics include global minimum tax, digital services tax, online marketplace services revenue, tariffs, and reporting obligations.This article is authored by members of Osler’s Tax Group Patrick Marley, partner, Kaitlin Gray, associate, and Ilana Ludwin, tax lawyer, Osler Works – Transactional.Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular foc...2024-12-0513 min
Osler Legal OutlookVenture capital in the balance: steering through market turbulenceIn this article – “Venture capital in the balance: steering through market turbulence” — we discuss how technology companies and their investors can prepare for greater market turbulence in the year ahead. Key topics include fundraising dynamics, deal volume in the venture capital, market correction and what to expect in 2025.This article is authored by Osler’s Mark Longo, Co-Chair, Emerging and High Growth Companies Group, and Vancouver managing partner, Laura Webb, partner, Emerging and High Growth Companies Group and Rebecca Garner, articling student.Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler...2024-12-0514 min
Osler Legal OutlookUnlocking AI innovationIn this article — Unlocking AI innovation — the authors review the significant changes in the artificial intelligence sector over the last year and share their insights for the year ahead and how mitigating risk when using AI technology can help businesses foster sustainable and responsible innovation.This article is authored by Simon Hodgett and Sam Ip, partners in the Technology Group at Osler, and Denis Keimakh, and articling student at the firm.Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus — your busine...2024-12-0513 min
Osler Legal OutlookHurtling towards the future: regulatory development in the financial services sectorIn this article — Hurtling towards the future: regulatory development in the financial services sector — we review key changes in 2024 that are likely to have a continued impact on financial service providers in the coming year. Further changes can be anticipated in 2025 arising from the ongoing review of federal financial institutions legislation, and other important developments.This article is authored by Victoria Graham, a partner with Osler’s Corporate group, Elizabeth Sale, a partner with Osler’s Financial Services group, and Klara Franklyn, an associate with the Financial Services Group.Osler Legal Outlook is brought to you by O...2024-12-0513 min
Osler Legal OutlookConsult before exploring: mineral tenure and Indigenous rightsIn this article – “Consult before exploring: mineral tenure and Indigenous rights” — we discuss the major impact of recent case law and expected legislative changes in several prominent mining jurisdictions on mineral tenure, developments that could affect Canada’s focus on critical minerals and energy transition in the years ahead.This article is authored by Richard King, partner and Co-Chair of the Regulatory, Indigenous and Environmental group, Alan Hutchison, partner and Co-Chair of the Mining and Natural Resources group, and by Ankita Gupta, an associate in the firm’s Disputes group.Osler Legal Outlook is brought to you by Os...2024-12-0510 min
Osler Legal OutlookPrivate equity M&A: strong appetite for exchangeable share structuresIn this article – “Private equity M&A: strong appetite for exchangeable share structures” — we discuss the increasing popularity of exchangeable share structures. Key topics include rollover equity, foreign private equity sponsors, and the outlook going into 2025.This article is authored by Osler partners Brian Gray, Chair, Private Equity and Mike Proudfoot, partner, Corporate, along with associates Ben Fickling, also of the Corporate Group and Taylor Cao, an associate in the Tax Group.Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus — your busin...2024-12-0508 min
Osler Legal OutlookTwo years of CIRO: enforcement, harmonization and what’s nextIn this article – “Two years of CIRO: enforcement, harmonization and what’s next” — we review the Canadian Investment Regulatory Organization’s accomplishments as well as its top priorities for the future. Key topics include regulatory harmonization, enforcement trends, dual registration, advisor compensation and client-focused reforms.This article is authored by Lawrence Ritchie, partner and Chair of Osler’s national Risk Management and Crisis Response practice, Alex Cobb, a partner in the Disputes practice and Lorraine Lynds, partner in the Corporate Group, together with Lipi Mishra and Jayne Cooke, associates in the Disputes practice. Osler Legal Outlook is brou...2024-12-0511 min
Osler Legal OutlookThe changing environment of federal impact assessmentIn this article — “The changing environment of federal impact assessment” — we explore a pivotal constitutional reference that was released by the Supreme Court of Canada, which found that the federal process for regulation and assessment of major infrastructure developments was unconstitutional. This finding necessitates substantive changes to the Impact Assessment Act in a way that respects the constitutional division of powers between the provinces and federal government.This article is authored by Brad Gilmour, partner and Co-Chair, Environmental Disputes and Enforcement; Sean Sutherland, partner and Niall Fink, associate.Osler Legal Outlook is brought to you by Osler...2024-12-0509 min
Osler Legal OutlookCanadian mandatory climate disclosure rules in the forecastIn this article – “Canadian mandatory climate disclosure rules in the forecast” — we discuss how Canadian companies should plan to respond to the impending mandatory climate-related disclosure requirement. Key topics include international and U.S. approaches, implications for Canada, and greenwashing.This article is authored by John Valley a partner in the Corporate Group at Osler and Chair or the Environmental, Social and Governance practice, and Jason Comerford, also a partner in the Corporate Group.Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular...2024-12-0512 min
Osler Legal OutlookWhat’s new in Québec’s consumer protection law?In this article — What’s new in Québec’s consumer protection law? — we review the requirements of Québec’s Bill 29 and proposed Bill 72 and how these will affect businesses in their dealings with consumers. The focus of this legislation is to provide greater safeguards for consumers in their purchase of goods and services. It will be incumbent upon businesses to consider any required changes to their practices and policies to comply with these laws.This article is authored by Constantine Troulis and Elizabeth Sale, both partners in Osler’s Financial Services Group, Alexandre Fallon, a part...2024-12-0511 min
Osler Legal OutlookIt’s debatable: unresolved corporate governance issues impacting 2025In this article — It’s debatable: unresolved corporate governance issues impacting 2025 — we discuss the importance of adopting best practices in the areas of corporate governance which are currently being scrutinized and debated. With diversity, equity and inclusion, for example, companies should review their policies and practices to ensure they comply with applicable human rights legislation. Continued diversity progress will largely depend on businesses recognizing the strategic value of implementing and enhancing DEI practices.This article is authored by Andrew MacDougall, a partner in Osler’s Corporate Group, John Valley, a partner in the Corporate Group and Chai...2024-12-0513 min
Osler Legal OutlookThe landscape for Internet gaming in Canada evolvesIn this article — "The landscape for Internet gaming in Canada evolves" — we discuss the heightened interest from provincial governments in creating a regulatory framework for responsible gaming following Ontario’s success. Opening up the market will create greater opportunities for revenue generation. The gaming regulatory landscape is expected to rapidly evolve in the coming years.This article is authored by Eric Levy, Chair of the Gaming Group at Osler and Andrea Whyte KC, partner in the Corporate Group along with Ted Liu, a partner in the Technology Group and Jacqueline Code, partner and Chair: Research.Osler...2024-12-0512 min
Osler Legal OutlookHighlights of the new Competition Act and pending changes for foreign investmentIn this article — Highlights of the new Competition Act and pending changes for foreign investment — we review recent amendments to the Competition Act and anticipated changes to foreign investment laws. The Competition Act amendments greatly expand the private enforcement of Canada’s competition laws. Increasing penalties for noncompliance can be expected.This article is authored by Shuli Rodal, partner and Chair of Osler’s Competition and Foreign Investment Group, and Chair of the Competition/Antitrust Group, along with Michelle Lally and Kaeleigh Kuzma, partners in the Competition/Antitrust and Foreign Investment Group.Osler Legal Outlook is broug...2024-12-0513 min
Osler Legal OutlookPresenting our Legal OutlookIn this introduction, we share insights on key legal developments in 2024 and their implications for Canadian business. The highlights covered here are further explored in the 30 articles that make up this report.This introduction is authored by James Brown, who is a partner in our Corporate practice, and Jacqueline Code, partner and Chair, Research.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...2024-12-0520 min
Osler Legal OutlookPrivacy and data-related law reform to continue in 2025In this article — “Privacy and data-related law reform to continue in 2025” — we discuss the significant reform of privacy legislation at the federal and provincial levels in Canada. Key topics include enhanced enforcement regimes, new requirements for compliance, and internal governance mechanisms for businesses.This article is authored by Adam Kardash, Co-Chair and partner with Osler’s Privacy and Data Management Group, partner Joanna Fine and associates Maryna Polataiko and Andy Nagy.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...2024-12-0512 min
Osler Legal OutlookTermination clauses under the microscope and other cautionsIn this article — Termination clauses under the microscope and other cautions — we discuss the trend away from the enforceability of termination clauses by the courts. Employers with inadequately prepared employment contracts and form agreements risk greater employee litigation and payout liability. A high degree of vigilance is now required when drafting both employment contracts and termination paperwork.This article is authored by Steve Dickie and Kelly O’Ferrall, both partners in the Employment and Labour Department, and Sneha Ajai, an associate in the Employment and Labour Department.Osler Legal Outlook is brought to you by Osler...2024-12-0511 min
Osler Legal OutlookThe burden of protectionism: outlook for Canadian tradeIn this article: The burden of protectionism: outlook for Canadian trade — we explore the growing global trend towards protectionist trade policies and the continuing trade uncertainty facing businesses in 2025. As international political and economic tensions continue to rise, more countries, including Canada, are adopting protectionist or mercantilist trade policies.This article is authored by Jesse Goldman and Matthew Kronby who are partners in the Competition, Trade and Foreign Investment Group at Osler, and Jacob Mantle, Danielle Chu, Chelsea Rubin, Zach Rudge who are associates in the group.Osler Legal Outlook is brought to you by Os...2024-12-0512 min
Osler Legal OutlookBusinesses face increasing costs for supply chain complianceIn this article — Businesses facing increasing costs for supply chain compliance — we review the Modern Slavery Act and its implications for business reporting obligations. With increasing global attention to this issue, it is important for businesses to establish policies and procedures setting clear expectations for all representatives to act ethically at all times. Further legislation requiring businesses to take certain steps to prevent the risk of forced or child labour is anticipated in the future.This article is authored by John Valley, partner, Osler’s Corporate group and Chair: Environmental, Social and Governance group; Alan Kenigsberg, a partne...2024-12-0511 min
Osler Legal OutlookOvercoming infrastructure challenges critical to Canada’s EV ambitionDecarbonization of the transportation sector is a key plank of Canada’s strategy for complying with its commitment to achieve net-zero emissions by 2050. One of the leading obstacles to electric vehicle adoption is the lack of adequate public EV-charging infrastructure in this country.In Osler Legal Outlook, Colena Der, Michael Fekete, Hugo-Pierre Gagnon and Jake Sadikman discuss the challenges facing electric vehicle adoption and what will be required for adoption to be successful in the future.Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm wi...2024-12-0510 min
Osler Legal OutlookCrypto evolving: embracing TradFi compliance amid regulatory uncertaintyHeading into 2025, the regulatory landscape around cryptoassets and other emerging technologies remains in flux.In Osler Legal Outlook, Matthew Burgoyne, Lawrence Ritchie and Alex Cobb write that regulators’ willingness to engage with industry participants and consider alternative regulatory offers some hope for collaborative solutions.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 over 600 lawyers to provide the answers you need, when you...2024-12-0510 min
Osler Legal OutlookTackling ‘snow washing’: expanding Canada’s anti-money laundering regimeIn this article — Tackling ‘snow washing’: expanding Canada’s anti-laundering regime — we discuss recent developments relating to anti-money laundering and anti-terrorist financing heading into 2025 and beyond. Changes that have already occurred follow increased domestic and international attention and scrutiny. Businesses will need to keep abreast of current developments and ensure their compliance programs are up-to-date.This article is authored by Elizabeth Sale, a partner with Osler’s Financial Services group, Malcolm Aboud, counsel in Osler’s Risk Management and Crisis Response Group and Disputes department, and Emilie Dillon, an associate in our Disputes department.Osler Legal Outlook...2024-12-0513 min
Osler Legal OutlookSignificant changes to Québec’s commerce and business language requirementsIn this article – “Significant changes to Québec’s commerce and business language requirements” — we discuss the amending regulation that represents the final stage in the years-long overhaul of Québec’s language law and the ways it reduces some burdens and offers added flexibility to businesses operating in the province.This article is authored by Alexandre Fallon, who is a partner in Osler’s Disputes group, and Rachelle Saint-Laurent, an articling student.Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus — your bus...2024-12-0511 min
Osler Legal OutlookThe devil is in the details: legislative changes and access to healthcareIn this article – “The devil is in the details: legislative changes and access to healthcare” — we consider how despite evolving legislation aimed at enhancing access to healthcare services, critical details will remain subject to clarification through further regulation, consultations and interpretation policy.This article is authored by Osler partners Michael Watts, Susan Newell, Julien Morissette, and Aya Fahmi, associate.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, dr...2024-12-0512 min
Osler Legal OutlookNavigating Canada’s evolving carbon marketsIn this article – “Navigating Canada’s evolving carbon markets” — we review mechanisms for trading carbon credits which are crucial for achieving emissions reductions, to meet Canada’s ambitious climate targets. Key topics include compliance markets, voluntary markets, carbon contracts, and international trading.This article is authored by Osler partners Paula Olexiuk, Co-Chair, Construction, Jake Sadikman, Co-Chair, Energy, Shahir Guindi, and Marie Boyd, articling student.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 an...2024-12-0513 min
Osler Legal OutlookCRA’s power to audit and assess: new developments, old problemsIn this article – “CRA’s power to audit and assess: new developments, old problems” — we explore how recent amendments broaden the scope of power that the CRA will have in enforcing the Income Tax Act. Key topics include jurisdictional divide between the Tax Court and Federal Court, recent case law, principal changes to the CRA’s authority and consequences of non-compliance.This article is authored by members of Osler’s Tax Group Pooja Mihailovich, partner, and Leandra Gupta, associate.Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law fi...2024-12-0510 min
Osler Legal OutlookSpotlight on greenwashing under the Competition ActIn this article — Spotlight on greenwashing under the Competition Act — we discuss how environmental claims relating to company products, services and business activities may be subject to increased scrutiny following recent competition law changes. The best defence remains to make claims that are responsible and made on a supportable basis. Going forward, organizations can use this opportunity to review the nature and extent of their statements on climate-related and other environmental matters for compliance.This article is authored by Michelle Lally, partner, Competition/Antitrust and Foreign Investment group; Shuli Rodal, partner and Chair, Competition and Foreign Investment grou...2024-12-0509 min
Osler Legal OutlookWill new powers lead to more effective capital markets regulatory enforcement?In this article — “Will new powers lead to more effective capital markets regulatory enforcement?” — we examine the most notable developments and enforcement actions in securities regulation in 2024, including a decision from the Supreme Court of Canada with major implications for securities and capital markets. We also look ahead to the aggressive enforcement we expect to see in 2025, particularly in novel and developing market areas.This article is authored by Lawrence E. Ritchie, Alexander Cobb and Teresa Tomchak, who are partners in Osler’s Disputes group, and Ankita Gupta, an associate in the group.Osler Legal Outlook is...2024-12-0512 min
Osler Legal OutlookDeveloping Canada’s critical minerals for energy transitionIn this article — Developing Canada’s critical minerals for energy transition — we discuss the critical minerals development challenges faced by Canada. The federal government has an important role to play in supporting research and development and providing tax credits and other funding program incentives if Canada is to become a world leader in critical minerals.This article is authored by Sander Duncanson, partner and Co-Chair of Osler’s Regulatory, Indigenous and Environmental practice; Colena Der, a partner with Osler’s Tax Group; Maeve O’Neill Sanger, associate with Osler’s Regulatory, Indigenous and Environmental practice, and Tyler Warchola, asso...2024-12-0512 min
Osler Legal OutlookThe impact of stronger drug dosing patents on Canadian drug accessIn this article — The impact of stronger drug dosing patents on Canadian drug access — we discuss the importance of an effective balance between patent enforceability and timely access to affordable generic drugs if prescription drug costs are to be better managed. Recent jurisprudence suggests this balance may be shifting away from affordable alternatives. Further developments on this front are expected in the coming year.This article is authored by J. Bradley White, partner and Co-Chair, Intellectual Property practice along with Nathaniel Lipkus, partner and Leah McGurn, an associate both also with Osler’s Intellectual Property practice.Osler...2024-12-0511 min
Osler Legal OutlookProduct liability: tipping the scales against industryIn this article — Product liability: tipping the scales against industry — the authors examine how new legislation in Canada is enabling governments to sue for recovery of health care costs associated with various products and services and could lead to more consumer claims. As a result, businesses across all sectors need to strengthen their compliance and communication strategies to navigate this changing landscape.The article is authored by Osler Disputes partners Laura Fric, Kristian Brabander, Robert Carson and Emily MacKinnon.Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, nati...2024-12-0508 min
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 OutlookPrivate to public and back againIn this article – “Private to public and back again” – we look at the dramatic change in the number of companies that have completed initial public offerings in the last six years, how they are performing now and examine the strategic considerations of a going private transaction. This article is authored by Jeremy Fraiberg and Alex Gorka, partners in the Corporate Group and Co-Chairs of the Mergers and Acquisitions practice, and Ben Fickling, an associate also in the Corporate Group. Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading...2023-12-0111 min
Osler Legal OutlookTransfer pricing proposals infuse Canada’s tax laws with OECD conceptsIn this article – “Transfer pricing proposals infuse Canada’s tax laws with OECD concepts” – we review recent draft legislative amendments relating to transfer pricing rules and the potential for these changes, if implemented, to harm Canada’s competitiveness. This article is authored by Amanda Heale, who is a partner with our Tax Group, and by Kaitlin Gray, an associate with the same Group. 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 domest...2023-12-0111 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 OutlookCapital markets enforcement: innovative, and controversial, new directionsIn this article – “Capital markets enforcement: innovative, and controversial, new directions” – we review capital markets regulatory and enforcement trends in 2023 and how the increasing regulatory focus on developing innovative enforcement tools may indicate further regulatory action in the years to come. This article is authored by Lawrence Ritchie, a partner and Chair, Risk Management and Crisis Response and Alexander Cobb and Teresa Tomchak, partners, Litigation, and by Jayne Cooke and Ankita Gupta, associates, Litigation. Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a si...2023-12-0113 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 OutlookLooking forward on clawbacksIn this article – “Looking forward on clawbacks” – we look at the latest developments around clawback policies and what issuers on U.S. stock exchanges should be reviewing as they head into 2024. This article is authored by Lynne Lacoursière and Andrew MacDougall, both partners in the Corporate practice, as well as Kelly O’Ferrall, a partner in the Employment and Labour Group. 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 an...2023-12-0109 min
Osler Legal OutlookA robust protection maintaining solicitor-client privilegeIn this article – “A robust protection: maintaining solicitor-client privilege” – we review how courts across the country have shed light on the parameters of the doctrine of solicitor-client privilege and how this privilege remains a cornerstone of our legal system. This article is authored by Emily MacKinnon, who is a partner in our Litigation practice, and by Heather Mallabone, an associate in the same 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 business. We advise clients on an array of...2023-12-0112 min
Osler Legal OutlookA new era for the Canadian GAARIn this article – “A new era for the Canadian GAAR” – we review the important role Canada’s general anti-avoidance rule (GARR) has played over the years in preventing abusive tax avoidance, along with the federal government’s proposed material changes aimed at “modernizing” the GAAR. This article is authored by Pooja Mihailovich, partner, and Leandra Gupta, an associate with the Tax Group. 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 cros...2023-12-0111 min
Osler Legal OutlookDigital assets and blockchain: the year of maturationIn this article – “Digital assets and blockchain: the year of maturation” – we look at the various events that impacted the digital currency sector in the last 12 months and at how the market responded, including regulators as they reacted and provided their guidance. The authors also look forward to what may be coming for this area of law in the year ahead. This article is authored by Matthew Burgoyne, partner, Corporate and Co-Chair Digital Assets and Blockchain, Laure Fouin, partner, Corporate and Co-Chair Digital Assets and Blockchain, and Cody Richard, associate, Corporate. Osler Legal Outlook is brou...2023-12-0117 min
Osler Legal OutlookCorporate governance focuses on the who, what and howIn this article – “Corporate governance focuses on the who, what and how” – we take a look at the new requirements boards need to be mindful of when it comes to diversity and inclusion, supply chains, climate change and more. This article is authored by John Valley, partner, Corporate and Chair, Environmental, Social and Governance (ESG) and Andrew MacDougall, a partner in the Corporate Group. 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...2023-12-0115 min
Osler Legal OutlookThe wave of privacy and data legislation reform will continue in 2024In this article – “The wave of privacy and data legislation reform will continue in 2024” – we look at how privacy and artificial intelligence was a focus in the last year, and how the introduction of additional new privacy legislation such as Québec’s Law 25 should be well understood by those doing business in the province. This article is authored by Adam Kardash, partner and Chair, Privacy and Data Management and National Lead, AccessPrivacy; and by Gemma Devir and Maryna Polataiko, both associates in the Privacy and Data Management Group. Osler Legal Outlook is brought to...2023-12-0115 min
Osler Legal OutlookOnline streaming and news laws advance federal government’s digital agendaIn this article – “Online streaming and news laws advance federal government’s digital agenda” – we examine the government’s ongoing efforts to modernize Canada’s broadcasting laws, new powers granted to the CRTC, the requirement for dominant online platforms to pay for news content and the mounting pressure for an online safety framework that we expect to see in 2024. This article is authored by John Salloum, a partner in Osler’s Privacy and Data Management group; and Gemma Devir and Maryna Polataiko, associates in the Privacy and Data Management group. Osler Legal Outlook is brought to you...2023-12-0115 min
Osler Legal OutlookSupply chains, ‘friend-shoring’ and cooperation with alliesIn this article – “Supply chains, ‘friend-shoring’ and cooperation with allies” – we review supply chain challenges which have emerged from ongoing geopolitical instability, inflation, monetary policy and other social and economic factors, and the policy and regulatory measures Canada is expected to adopt to address these challenges. This article is authored by John Valley, who is a partner and Chair, Environmental, Social and Governance (ESG), and by Jesse Goldman, partner, Competition, Trade and Foreign Investment, Alan Kenigsberg, partner, Tax Group, Matthew Kronby, partner, Competition, Trade and Foreign Investment, and Chelsea Rubin, associate, Competition/Antitrust, Foreign Investment and International Trade. 2023-12-0116 min
Osler Legal OutlookWhat if you face a class action even though no one was harmed?In this article – “What if you face a class action even though no one was harmed?” – the authors examine a recent development that sees plaintiffs pursuing class action claims even when there has been no clear injury experienced by any of the parties. The authors provide some helpful recommendations for businesses to mitigate risk in the event of such action. This article is authored by Laura Fric and Robert Carson, both partners in Osler’s Litigation practice. Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national la...2023-12-0109 min
Osler Legal OutlookCh-ch-changes: navigating the shifting tides of Canadian competition lawIn this article – “Ch-ch-changes: navigating the shifting tides of Canadian competition law” – we review the various changes to the Competition Act implemented in the last year as well as additional amendments proposed that, if implemented, will have far-reaching consequences for business, including an increase in enforcement by various parties.This article is authored by Shuli Rodal, partner and Chair, Competition/Antitrust and Foreign Investment and Michelle Lally and Kaeleigh Kuzma, partners, Competition/Antitrust and Foreign Investment. Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm...2023-12-0110 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 OutlookManaging risks and meeting the future: financial services regulatory trendsIn this article – “Managing risks and meeting the future: financial services regulatory trends” – we review recent, upcoming and potential changes to legislation and regulations in the financial services space, as well as their implications for borrowers, lenders and other industry participants. This article is authored by Victoria Graham, a partner in Osler’s Financial Services Regulatory group; Elizabeth Sale, a partner in the Financial Services group; and Haley Adams, an associate in the Financial Services group. Osler Legal Outlook is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm wi...2023-12-0114 min
Osler Legal OutlookProposed clean electricity regulations: is Canada staying in its lane?In this article – “Proposed clean electricity regulations: is Canada staying in its lane?” – we review the Canadian government’s proposed clean electricity regulations as part of its energy transition plan, and how this is contributing to further jurisdiction challenges between Ottawa and the provinces over climate policy. This article is authored by Paula Olexiuk, partner, Energy and Co-Chair, Construction and Infrastructure; Jacob A. Sadikman, partner, Commercial and Co-Chair, Energy; Deirdre A. Sheehan, partner and Co-Chair, Regulatory, Indigenous and Environmental; Joey Chan, associate, Regulatory, Indigenous and Environmental; Laura Scott, associate, Regulatory, Indigenous and Environmental; Litigation; and Cole Tavener, associate...2023-12-0115 min
Osler Legal OutlookA tempest of change: impact of climate-related litigation and regulationIn this article – “A tempest of change: impact of climate-related litigation and regulation” – we discuss the rising trend of climate litigation in Canada and around the world involving both corporations and governments, ESG legislation and regulation, greenwashing claims, evolving disclosure requirements and the impacts on corporations and their boards.This article is authored by Jennifer Fairfax, a partner and Chair of Osler’s Environmental Disputes, Investigations and Enforcement team; Lawrence Ritchie, a partner and Chair of the Risk Management and Crisis Response team; John Valley, partner and Chair of the Environmental, Social and Governance team; Andrew MacDougall, a partner...2023-12-0119 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
Osler Legal OutlookAI governance: navigating the path aheadIn this article – “AI governance: Navigating the path ahead” – we review the significant changes in the artificial intelligence sector during the past year, along with the legislative and regulatory developments that have the potential to dramatically impact the use and adoption of AI and related technologies. This article is authored by Simon Hodgett and Sam Ip, partners in the Technology Group. 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...2023-12-0113 min
Osler Legal OutlookPresenting our Legal OutlookIn this introduction, we share insights on key legal developments in 2023 and their implications for Canadian business. The highlights covered here are further explored in the 24 articles that make up this report. This introduction is authored by James Brown, who is a partner in our Corporate practice, and Jacqueline Code, partner and Chair, Research. 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...2023-12-0124 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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