Category: Latest Insights

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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…

Legal Trends 2016: Anti-Spam

February 18, 2016

  As expected, since Canada’s Anti-Spam Legislation (CASL) came into force, the Canadian Radio-television and Telecommunications Commission (CRTC) has been actively enforcing CASL’s anti-spam provisions. In 2015, the CRTC issued three undertakings: a notice of violation, a citation for alleged violations of CASL and a warrant to take down a server allegedly distributing malware. These enforcement actions show that the…

Food and Beverage Class Actions in Canada: What Are the Litigation Risks?

February 10, 2016

Class actions in Canada are on the rise. With the imposition of strong consumer protection laws, expanding regulation of food and health generally, and enhanced government scrutiny, consumers are increasingly taking on companies for failure to fulfil legal requirements or for engaging in false or misleading advertising. This trend is particularly heating up in the food and beverage industry, where…

Viewpoint: The Great Debate, Part I: Canadian Government Announces Review of Federal Environmental Assessment Process

January 29, 2016

In 2012, I wrote an article about the Conservative government’s enactment of CEAA 2012 called “Fixing the Energy Approval Process in Canada.” For people who aren’t involved in environmental assessment (EA) processes, CEAA 2012 is short for the Canadian Environmental Assessment Act, 2012. CEAA 2012 was one of the pieces of federal legislation that became a lightning rod for complaints…

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