Category: International

Clawback Policies Gain More Ground in Canada

November 18, 2019

Despite a lack of legislative change over the past eight years, the use of “clawback” provisions—arrangements under which an employee forfeits previously awarded compensation—have become increasingly common in Canada. Canadian public companies listed in the U.S. are subject to statutory clawbacks for certain employees. As well, certain Canadian financial institutions regulated by the Office of the Superintendent of Financial Institutions…

The syncreon Group: Landmark Case Recognizes English Schemes of Arrangements in Canada

November 14, 2019

In October 2019, syncreon Group Holdings B.V. and its subsidiaries (collectively, the syncreon Group) completed a landmark cross-border balance sheet restructuring of approximately US$1.1-billion of debt. The syncreon Group’s restructuring is believed to be the first time that English scheme of arrangement proceedings have been used to restructure debt issued by a U.S.-based multinational enterprise (Scheme Proceedings). Further, in its…

The African Continental Free Trade Area: A Promising Future for Opportunities

June 18, 2019

With the ratification by 22 African states, the African Continental Free Trade Area agreement (AfCFTA Agreement) came into force on May 30, 2019 to establish the African Continental Free Trade Area (AfCFTA). Having met its minimum threshold of 22 ratifying states, the AfCFTA Agreement can now be implemented to allow the trade of goods and services with virtually no restraints….

Canadian Mergers and Acquisitions: FAQs and 2019 Trends

February 6, 2019

The Blakes Canadian Mergers and Acquisitions: FAQs and 2019 Trends answers frequently asked questions regarding the regulation of public M&A in Canada and provides an outlook for what 2019 may hold based on significant developments we observed in the Canadian deal environment.

Corporate and Financial Crimes Series, #4: Money Laundering

August 15, 2018

This is the fourth installment in a six-part series on corporate and financial crimes, which outlines basic principles of criminal and quasi-criminal law that may arise in the running of a business. This installment discusses money laundering and terrorist financing offences and the resources available to companies to minimize related legal and reputational risks.    White Collar Crime part 4 –…

Private M&A in Canada and the U.K.: 10 Considerations for Dealmakers

July 12, 2018

Prudent investors may gain an advantage by leveraging their knowledge of differences in private M&A market practices between Canadian and U.K.-style purchase agreements. While Canadian M&A takes many cues from the United States and Europe, it is not a carbon copy of either. This article provides an overview of the key differences between the two jurisdictions. 

2018 Legal Trends: The Sharing Economy

June 12, 2018

As part of our quarterly series on current trends across different industries, our second article takes a closer look at the sharing economy and how this new economic model impacts suppliers, customers and platform providers in various ways. Here are a few legal trends to watch for as the sharing economy evolves.

Corporate and Financial Crimes Series, #3: Bribery & Corruption Offences

June 6, 2018

This is the third instalment in a six-part series on corporate and financial crimes, which outlines basic principles of criminal and quasi-criminal law that may arise in the running of a business. This instalment discusses bribery and corruption offences, how they can be prevented, and what resources are available to companies to ensure compliance.  

What the GDPR Means for Canadian Businesses

May 15, 2018

On May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) will come into force. Though not a Canadian law, the GDPR will apply to Canadian businesses that offer goods or services to, or monitor the behaviour of, EU residents. Canadian businesses that process personal information on behalf of organizations located in the EU will also be impacted.  The…