Category: International

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Opportunities for U.S. Private Equity in Canada’s Energy Sector

March 14, 2016

The Canadian energy sector represents a unique investment opportunity for private equity investors seeking to invest in, or acquire outright, established energy assets at a discount to historical prices. The ability to capitalize on the discounted debt of oil and gas companies in a low-risk jurisdiction like Canada has never been more attractive. One of the many factors that make…

Legal Trends 2016: Oil & Gas

March 9, 2016

ONE | LOW COMMODITY PRICES As depressed oil prices continue to dominate the headlines and natural-gas prices hover near record lows, sustained low commodity prices have had a cascading effect on the industry, compelling companies to fundamentally alter their business strategies. Cash-flow management is among the areas most impacted. Without a steady income stream, companies are left with few options….

Legal Trends 2016: Mergers & Acquisitions

March 4, 2016

An unusually strong third quarter bolstered Canadian M&A activity, making 2015 the most active year in Canadian deal making since the 2007 market bubble. The value of Canadian deals announced to date in 2015 (all figures as of December 1, 2015) totalled approximately C$374.1-billion (US$293.5-billion), reflecting a 51 per cent increase over 2014 on an annualized basis. Deal volume also broke…

Maybe You Can Search This? SCC Grants Leave to Appeal From Global Restraining Order Against Google

March 1, 2016

The Supreme Court of Canada has granted leave to appeal from Equustek Solutions Inc. v. Google Inc., a decision that affirmed a global restraining order against Google Inc. (Google) and Google Canada Corporation (Google Canada), despite neither entity being physically located in Canada or being a party to the main action. BACKGROUND In the main action, the plaintiff manufacturer of…

Legal Trends 2016: Litigation & Dispute Resolution

February 29, 2016

ONE | INCREASING POWER OF ADMINISTRATIVE TRIBUNALS In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those proceedings. Administrative monetary penalties have become popular with regulators but controversial among regulated persons and legal observers. In recent years, both federal and provincial…

Legal Trends 2016: Intellectual Property

February 28, 2016

ONE | LEGISLATIVE CHANGES The previous federal government committed Canada to sweeping changes to the legislation and regulations governing virtually every category of intellectual property in the country. Some of these changes have largely already taken effect. These include amendments to the Copyright Act and Trade-marks Act to introduce customs enforcement measures against counterfeit goods. Other changes, such as the…

Legal Trends 2016: International Trade

February 27, 2016

ONE | TPP, FREE TRADE AND INVESTMENT AGREEMENT While 2015 saw numerous international trade and investment developments, the year’s biggest story was the October completion of negotiations on the Trans-Pacific Partnership (TPP). The TPP is an ambitious economic and free trade agreement between Canada and 11 other countries — including the United States, Australia and Japan — who represent one-third…

Ontario Announces Climate Change Mitigation and Low Carbon Economy Act and the Cap-and-Trade Program Regulations

February 26, 2016

The Ontario government (Government) has taken significant steps in its fight against climate change by introducing two significant pieces of climate change legislation: The Climate Change Mitigation and Low Carbon Economy Act (Act) on February 24, 2016 The Cap and Trade Program Regulations (Regulations) on February 25, 2016 BACKGROUND On April 15, 2015, the Government signed an agreement with Quebec…

Legal Trends 2016: Financial Services Regulatory

February 26, 2016

ONE | FINTECH AND E-COMMERCE Fintech is the single hottest topic for 2016 and the foreseeable future. From mobile payments to paperless processes to block-chain technology, the increased use of emerging and innovative technologies to pay for or obtain financial services has the regulators’ attention. Regulators have taken steps to address a few of the various challenges and risks that…

Legal Trends 2016: Cybersecurity

February 24, 2016

ONE | RISE IN PRIVACY CLASS-ACTION CERTIFICATIONS New privacy torts have recently emerged in certain Canadian jurisdictions, including intrusion upon seclusion and publicity given to private life. Intrusion upon seclusion allows a plaintiff to sue if (1) a person has intentionally or recklessly invaded his/her private affairs without justification and (2) a reasonable person would view the invasion as highly…

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