Category: Practice Areas

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Canadian Public M&A Deal Study 2018

October 19, 2018

The 10th 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, the formation of special committees and the nature of fairness opinions obtained), to specific…

Concordia International Corp.’s Canada Business Corporations Act Proceedings Explained

October 18, 2018

The recent restructuring proceedings of Concordia International Corp. (Concordia) demonstrate that the arrangement provisions of the Canada Business Corporations Act (CBCA) remain as a powerful tool for balance sheet restructurings in Canada. These provisions allow a company to submit a plan of arrangement for creditor and court approval in order to affect a balance sheet restructuring in a timely and…

Pensions Newsletter – October 2018

October 18, 2018

Welcome to the 22nd issue of the Blakes Pensions Newsletter. This newsletter provides a summary of recent jurisprudential developments that affect pensions and benefits and is not intended to be legal advice. For additional information or to discuss how any aspect of these developments may affect you, please contact a member of the Blakes Pensions, Benefits & Executive Compensation group….

Supreme Court of Canada Rules Duty to Consult Does Not Apply to the Law-Making Process

October 15, 2018

The Supreme Court of Canada (SCC) determined that Ministers of the Crown have no duty to consult Aboriginal Peoples in the development of legislation, in its October 11, 2018 decision in Mikisew Cree First Nation v. Canada (Governor General in Council) (Mikisew). However, the majority of the SCC held that declaratory relief could be available where aboriginal or treaty rights…

Important Recent Competition Law Developments in Canada

October 11, 2018

In recent weeks, the Canadian Competition Bureau (Bureau) announced a number of initiatives relevant to companies that do business in Canada. In particular, the Bureau recently issued an information bulletin clarifying its initiative to conduct and publish industry-wide Market Studies. The Bureau has also updated its Immunity and Leniency Programs, which set out the Bureau’s approach to granting immunity from…

New TSX Rules Governing Special Purpose Acquisition Corporations Now in Effect

October 11, 2018

The Toronto Stock Exchange (TSX) announced amendments (Amendments) to Part X — Special Purpose Acquisition Corporations (SPACs) of the TSX Company Manual (Manual), which came into effect on October 4, 2018. Notable changes to the TSX SPAC rules include codifying exemptions previously provided to SPACs by the TSX and removing the requirement for shareholder approval of a qualifying acquisition subject…

Final Financial Consumer Agency of Canada Supervision Framework in Effect

October 9, 2018

The Financial Consumer Agency of Canada (FCAC) recently published the final version of its Supervision Framework (2018 Framework), which took effect October 1, 2018. The 2018 Framework outlines the principles and processes that assist FCAC in fulfilling its mandate to supervise regulated entities. Under the 2018 Framework, FCAC continues to abide by its four guiding principles of: Transparency: FCAC achieves…

The New Legal Landscape of USMCA

October 5, 2018

On September 30, 2018, Canada and the United States announced that they, together with Mexico, agreed to a trilateral United States-Mexico-Canada Agreement (USMCA). Once ratified, the USMCA will replace the existing trilateral North American Free Trade Agreement. The USMCA is expected to come into force on January 1, 2020, and will affect many industries including oil and gas, automotive, agriculture, textiles and…

USMCA to Remove “in Canada” Record-Keeping Requirements for Financial Institution Sectors

October 5, 2018

The United States-Mexico-Canada Agreement (USMCA), announced on September 30, 2018, looks to remove certain record-keeping requirements for financial institution sectors. The USMCA is a new treaty between Canada, Mexico and the U.S., which will replace the North American Free Trade Agreement The USMCA addresses several digital trade issues, including data localization. Among other things, once ratified, the USMCA will require…

Retail Insolvencies in Canada Series, #4: Lender Perspectives

October 4, 2018

This is the final instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders. This article discusses retail insolvencies from the perspective of lenders to distressed Canadian retailers and trails the successful emergence of Toys “R” Us Canada from Companies’ Creditors Arrangement Act protection, following the acquisition of its shares by Fairfax Financial Holdings…

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