September 13, 2016
When Chinese and Canadian companies come together, whether it’s through a merger, joint venture or another arrangement where cultures will be meshed, tackling the cultural differences is critical. Culture isn’t about comparing the mission statement and vision of the two companies, which can often appear very similar; it is a sense that you share the same values.
August 9, 2016
While many tenets concerning the protections afforded by privilege are similar in both Canada and the United States, there are key differences and treatment when it comes to settlement and common interest privilege, as some recent cases highlight. COMMON INTEREST PRIVILEGE IN CANADA Common interest privilege has been interpreted in Canada to apply to many communications providing the parties share…
July 21, 2016
The use of express sandbagging language in M&A agreements (whether “pro” or “anti”), or the decision to remain silent, is commonly one of the most acrimonious issues faced by M&A practitioners in private acquisitions. The frequency of these provisions in Canadian M&A and the question of their enforceability are commonly discussed in light of evolving market practice and the historically limited guidance from…
June 28, 2016
The next several months are set to be an important period for Canada’s nascent liquefied natural gas (LNG) industry. After nearly half a decade of project announcements, commercial development, increasing press coverage and often intense political debate, it is expected that the remainder of 2016 could see one or more of the country’s first affirmative LNG final investment decisions.
June 22, 2016
The U.K. government recently enacted amendments to the U.K. Companies Act 2006, which requires non-listed U.K. companies and limited liability partnerships to maintain and file a register of people with significant control (PSC) or influence over them with Companies House (PSC Register). As of April 6, 2016, U.K. companies were required to maintain a PSC Register and make it available…
April 28, 2016
In the LBP Holdings v. Allied Nevada Gold Corp. decision released on April 27, 2016, the Ontario Superior Court of Justice refused to allow the underwriters of a secondary public offering (SPO) to be added as defendants to a proposed statutory securities class action against the issuer in respect of statutory and unjust enrichment claims. Among other things, the plaintiff…
April 7, 2016
ONE | A NEW LIBERAL GOVERNMENT Elected in October 2015, Canada’s new Liberal government has proposed a tax platform featuring significant changes, including a four per cent increase (to 33 per cent) in the federal tax rate for individuals on income over C$200,000 and a 1.5 per cent drop in the middle-income tax rate. The new government has also pledged to limit the amount of…
April 6, 2016
ONE | OIL AND GAS SECTOR Amid the protracted drop in oil prices and the decline of the Canadian dollar relative to the U.S. dollar, capitalizing on distressed opportunities in the oil and gas sector in a low-risk jurisdiction, such as Canada, has never been more attractive. These combined circumstances have resulted in approximately US$112-billion worth of oil and gas…
April 1, 2016
ONE | GROWTH IN PRIVATE INVESTMENT A recent Clean Energy Canada study concluded that investment in renewable energy in Canada increased at a dramatic rate of 88 per cent from 2013 to 2014, representing an aggregate investment of more than C$10.7-billion in 2014. This sharp increase catapulted Canada to sixth in the world for investments in new domestic clean-energy-generation projects….
March 31, 2016
ONE | OILPATCH PORTFOLIO MANAGEMENT AND OPPORTUNITIES Between June 2014 and December 2015, the price of a barrel of oil was cut roughly in half, resulting in a significant downturn in the earnings of companies with businesses connected to the oil industry. Private equity (PE) firms with portfolio companies that have operations in or exposure to Alberta and Canada’s energy…