Category: Mergers & Acquisitions

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Mind the Gap: Merger Efficiencies in the United States and Canada

May 9, 2018

Notwithstanding the close ties between Canada and the United States, there is a difference in the way that mergers are reviewed on either side of the border — which is important because a significant number of mergers are reviewed by both the Canadian Competition Bureau and the U.S. antitrust agencies. This article originally appeared in the Spring 2018 issue of…

Cross-Border Private M&A in Canada: 10 Tips for Foreign Acquirers in 2018

March 29, 2018

As predicted, Canadian private M&A picked up steam in 2017, owing to a marked increase in acquisitions by non-Canadian financial and strategic buyers. This may be due in part to stability in Canada’s financial and governance systems as well as exponential growth in the tech sector. While Canadian M&A takes many cues from the United States and Europe, it is…

Securities Regulators Tell Aurora and CanniMed to Play by the (New) M&A Rules

March 26, 2018

The Financial and Consumer Affairs Authority of Saskatchewan and Ontario Securities Commission (together, the Commissions) recently released the highly-anticipated reasons for their decision relating to the unsolicited take-over bid (Aurora Offer) by Aurora Cannabis Inc. (Aurora) to acquire CanniMed Therapeutics Inc. (CanniMed). The decision is the first time since the new take-over bid rules were adopted in 2016 that the…

Federal Court of Appeal Affirms Common Interest Privilege in Deal Context

March 8, 2018

On March 6, 2018, the Federal Court of Appeal (Court) released its reasons in Iggillis Holdings Inc. v. Canada (National Revenue) confirming common interest privilege as a valid exception to waiver in non-litigious circumstances. More specifically, in certain circumstances, parties with a common interest in the completion of a commercial transaction can share privileged legal advice with each other, on…

Managing Litigation Risk in Foreign Acquisitions: What Every Buyer Should Know

March 7, 2018

Thinking about making an acquisition? How will this impact your litigation risk profile? Once the company is acquired, what exposure does your company have as a result of the foreign subsidiary? This question and answer session is moderated by the head of our Mining practice and our Mining litigators. Topics The law governing foreign corrupt practices Your exposure to class actions…

Canadian Mergers and Acquisitions: FAQs and 2018 Trends

February 16, 2018

Our Canadian Mergers and Acquisitions: FAQs and 2018 Trends answers frequentlyasked questions regarding the regulation of public M&A in Canada and provides anoutlook for what 2018 may hold based on significant developments we observedfrom the Canadian deal environment in 2017.

Doing Business in Canada

October 10, 2017

The Blakes Doing Business in Canada guide is an introductory summary of the laws and regulations that affect the conduct of business in Canada.

Cannabis M&A: Overview of Strategies for Buying or Selling a Business

October 10, 2017

As Canada gears up to legalize cannabis for recreational use (expected by July 2018), companies operating in the sector and those in ancillary markets are looking to raise capital to fund their business plans and expected expansions, some with an eye on opportunities to raise public capital for growth through acquisition. A significant milestone for many companies in a growth…

Canadian Public M&A Deal Study 2017

October 5, 2017

The ninth annual Blakes Canadian Public M&A Deal Study focuses on recurring and emerging issues in the structuring and negotiation of Target-supported public company acquisitions in Canada. The topics covered in the Study range from overall transaction structure and timing, such as the strategic review process and the formation of special committees, to specific contractual provisions, such as break and…

Regulators Shine Spotlight on Material Conflict of Interest Transactions

July 28, 2017

On July 27, 2017, the Canadian Securities Administrators (CSA) published Multilateral Staff Notice 61-302 Staff Review and Commentary on Multilateral Instrument 61-101 Protection of Minority Security Holders in Special Transactions, which reported on the review of material conflict of interest transactions by staff of the applicable CSA members (Staff) and discussed Staff’s views on the role of boards of directors…

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