May 15, 2018
In Slovak Republic v. Achmea B.V. (Achmea), the European Court of Justice (ECJ) ruled that the existence of an independent arbitral tribunal established under a bilateral investment treaty (BIT) between EU Member States is fundamentally incompatible with EU law. The decision may effectively invalidate the 196 BITs currently in force between EU Member States. For Canadian and other non-EU parties,…
May 14, 2018
Green bonds have been steadily gaining in popularity, becoming a high-profile instrument in capital markets and now green loans are set to ramp up in 2018. Green loans are getting their own voluntary recommended guidelines to promote consistency in the emerging green loan market. Building on the internationally recognized Green Bond Principles of the International Capital Market Association (ICMA), the…
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…
March 27, 2018
Unlike in some other jurisdictions, Canada’s patent legislation (the Patent Act) does not explicitly specify all of the circumstances under which a patent may be held to be infringed. It has therefore fallen to Canadian courts to establish the principles governing the issue of infringement. Infringement by common design has not been, to date, recognized in Canada. However, two recent…
March 19, 2018
Companies doing business in Canada are subject to investigations by the Canadian Competition Bureau at any time, which may relate to civil and/or criminal provisions of Canada’s Competition Act. The reputational harm to companies publicly implicated in Bureau investigations can be substantial, and investigations are costly and disruptive to businesses. In addition, companies found to have violated the criminal or…
February 28, 2018
This is the third instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders. This article discusses insolvencies from the perspective of corporate parents of distressed Canadian retailers. This article follows in the shadow of Sears Canada’s inventory liquidation and cessation of operations in January 2018. The Sears Canada shut-down followed a failed attempt…
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.
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January 29, 2018
2017 marked another year of prodigious development of legislation and regulatory guidance impacting federal financial institutions in Canada. The new wave of initiatives in 2017 included the second stage of the consultation process to renew the federal financial sector legislation, proposed modernization of Canada’s payments systems, regulatory studies on the regulation of fintechs, new bail-in legislation, changes to the Basel…
January 25, 2018
The overwhelming number of reports of #metoo cases, including several high-profile and public accusations of sexual harassment and assault in the workplace across industries in Canada, is causing many employers to take stock in the preparedness and awareness in their own organizations.
January 17, 2018
This is the second 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 criminal fraud defined in the Criminal Code and the elements of this offence that in-house counsel need to know.