Category: Latest Insights

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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…

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…

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: Employment & Labour

February 25, 2016

ONE | FOCUS ON HUMA​N RIGHTS IN THE WORKPLACE In the past year, the media and governments across Canada have paid greater attention to workplace discrimination and harassment. In Ontario, for example, the government introduced Bill 132, Sexual Violence and Harassment Action Plan Act, which, among other things, ensures that employers are legally obligated under the Occupational Health and Safety…

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…

Legal Trends 2016: Commercial Real Estate

February 23, 2016

ONE | BUOYANT DEBT MARKETS Lenders remain aggressive as competition for prime real estate lending opportunities in Canada intensifies. Borrowing rates remain at historical lows and other lending terms have become increasingly favourable for borrowers. The relaunched commercial mortgage-backed security lending programs in Canada have started to pick up steam and, together with life insurance companies, pension funds and Canadian…

Legal Trends 2016: China

February 22, 2016

ONE | CHINA-LISTED FIRMS BECOMING BUYERS Buyers listed on the Shanghai and Shenzhen stock exchanges will become more active in the international M&A marketplace in 2016, creating new avenues for liquidity for Canadian investors and new challenges for Canadian dealmakers. Despite a well-publicized correction in June and ongoing volatility through the second half of 2015, China’s stock markets continue to…

Legal Trends 2016: Capital Markets

February 19, 2016

ONE | ACQUISITION-FINANCE OPPORTUNITIES We expect economic conditions, including those discussed in our M&A Trends piece​, to continue to create opportunities in the M&A market. As well-positioned issuers pursue these opportunities, some acquirers will access the public markets for financing. Issuers whose equity is not under pressure will be the most favourably positioned to use their shares as acquisition currency. Privately placed…

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