Osler Legal Outlook offers insightful perspectives from the legal experts at Osler, Hoskin & Harcourt LLP on the most critical and evolving legal issues facing Canadian businesses today and the implications for those businesses moving into 2024 and beyond. Explore the 24 informative topics covered in this year’s publication and be better prepared for the year ahead. Listen or read now.
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From evolving regulatory requirements and investor activism to the physical effects of climate change on business operations and more, Osler’s newest podcast, ESG Explorer, looks at the developments and issues affecting your business. Knowledgeable guests from Osler and across the business world guide listeners through the critical topics modern organizations are facing.
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Legal Year in Review provides detailed observations from the legal experts at Osler, Hoskin & Harcourt LLP on the most significant legal and business developments from 2022 and their implications for 2023. With 26 informative and in-depth articles covering a wide variety of topics, we help you stay informed.
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Welcome to the Beyond the A Podcast. Are you a lawyer or student who has experienced anxiety? Are you looking for a forum to discuss and share this experience with other legal professionals? You’ve come to the right place. This podcast will include a series of interviews with legal professionals discussing their own journey with anxiety, how it has impacted their life and careers and the tactical tips that they did to overcome their anxiety. If you’d like more information, please visit us on ...
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In this episode of the podcast, guest host Teresa Tomchak, a partner in the litigation group at Osler, and David Salmon, President of Laurel Hill Canada dive into the topic of trends in shareholder activism. Teresa and David discuss ESG issues they are seeing in the shareholder activism space, steps companies can take to address and prepare for ESG…
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Impact of transparency register requirements on financial sponsors
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In this article – “Impact of transparency register requirements on financial sponsors” – we look at the expansion of corporate ownership disclosure requirements in jurisdictions across Canada and the steps private equity and venture capital firms should take to ensure continued compliance. This article is authored by Alex Gorka, a partner and Co-Ch…
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Private equity: developments in subscription line lending
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In this article – “Private equity: developments in subscription line lending” – we examine five emerging trends in the use and terms of subscription lines, or capital call facilities, that both investors and lenders in the fund finance market should consider heading into 2024. This article is authored by Chris Bennett, a partner and Chair of the Fi…
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In this article – “Private to public and back again” – we look at the dramatic change in the number of companies that have completed initial public offerings in the last six years, how they are performing now and examine the strategic considerations of a going private transaction. This article is authored by Jeremy Fraiberg and Alex Gorka, partners…
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Transfer pricing proposals infuse Canada’s tax laws with OECD concepts
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In this article – “Transfer pricing proposals infuse Canada’s tax laws with OECD concepts” – we review recent draft legislative amendments relating to transfer pricing rules and the potential for these changes, if implemented, to harm Canada’s competitiveness. This article is authored by Amanda Heale, who is a partner with our Tax Group, and by Kai…
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In this article – “A new era for the Canadian GAAR” – we review the important role Canada’s general anti-avoidance rule (GARR) has played over the years in preventing abusive tax avoidance, along with the federal government’s proposed material changes aimed at “modernizing” the GAAR. This article is authored by Pooja Mihailovich, partner, and Leand…
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Digital assets and blockchain: the year of maturation
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In this article – “Digital assets and blockchain: the year of maturation” – we look at the various events that impacted the digital currency sector in the last 12 months and at how the market responded, including regulators as they reacted and provided their guidance. The authors also look forward to what may be coming for this area of law in the y…
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Capital markets enforcement: innovative, and controversial, new directions
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In this article – “Capital markets enforcement: innovative, and controversial, new directions” – we review capital markets regulatory and enforcement trends in 2023 and how the increasing regulatory focus on developing innovative enforcement tools may indicate further regulatory action in the years to come. This article is authored by Lawrence Ritc…
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A robust protection maintaining solicitor-client privilege
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In this article – “A robust protection: maintaining solicitor-client privilege” – we review how courts across the country have shed light on the parameters of the doctrine of solicitor-client privilege and how this privilege remains a cornerstone of our legal system. This article is authored by Emily MacKinnon, who is a partner in our Litigation pr…
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White-collar enforcement will continue to take shape in 2024
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In this article – “White-collar enforcement will continue to take shape in 2024” – the authors examine various emerging issues including developments in anti-bribery and corruption enforcement as well as changes to the anti-money laundering and anti-terrorist financing regime in Canada, and changes in supply chain and human rights law. This article…
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Energy transition ushers in compensation claims for shifting land use plans
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In this article – “Energy transition ushers in compensation claims for shifting land use plans” – we look at how the move to more sustainable energy production has changed the demands on land use planning. The article examines the law of constructive taking, which is complex and requires a sophisticated litigation strategy when dealing with high pr…
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Corporate governance focuses on the who, what and how
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In this article – “Corporate governance focuses on the who, what and how” – we take a look at the new requirements boards need to be mindful of when it comes to diversity and inclusion, supply chains, climate change and more. This article is authored by John Valley, partner, Corporate and Chair, Environmental, Social and Governance (ESG) and Andrew…
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In this article – “Looking forward on clawbacks” – we look at the latest developments around clawback policies and what issuers on U.S. stock exchanges should be reviewing as they head into 2024. This article is authored by Lynne Lacoursière and Andrew MacDougall, both partners in the Corporate practice, as well as Kelly O’Ferrall, a partner in the…
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The wave of privacy and data legislation reform will continue in 2024
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In this article – “The wave of privacy and data legislation reform will continue in 2024” – we look at how privacy and artificial intelligence was a focus in the last year, and how the introduction of additional new privacy legislation such as Québec’s Law 25 should be well understood by those doing business in the province. This article is authore…
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Online streaming and news laws advance federal government’s digital agenda
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In this article – “Online streaming and news laws advance federal government’s digital agenda” – we examine the government’s ongoing efforts to modernize Canada’s broadcasting laws, new powers granted to the CRTC, the requirement for dominant online platforms to pay for news content and the mounting pressure for an online safety framework that we e…
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Supply chains, ‘friend-shoring’ and cooperation with allies
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In this article – “Supply chains, ‘friend-shoring’ and cooperation with allies” – we review supply chain challenges which have emerged from ongoing geopolitical instability, inflation, monetary policy and other social and economic factors, and the policy and regulatory measures Canada is expected to adopt to address these challenges. This article i…
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Ch-ch-changes: navigating the shifting tides of Canadian competition law
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In this article – “Ch-ch-changes: navigating the shifting tides of Canadian competition law” – we review the various changes to the Competition Act implemented in the last year as well as additional amendments proposed that, if implemented, will have far-reaching consequences for business, including an increase in enforcement by various parties. Th…
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Strengthening Canada’s national security review regime
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In this article – “Strengthening Canada’s national security review regime” – we examine the emphasis being placed on national security when it comes to foreign investment in Canada and what is changing for 2024 and beyond for non-Canadians seeking to invest in Canada. This article is authored by Shuli Rodal, partner and Chair, Competition/Antitrust…
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In this article – “Navigating the future of remote work” – we review developments related to remote work and the operational and legal compliance challenges these arrangements pose for employers. This article is authored by Steven Dickie, partner, Employment and Labour; Kelly O’Ferrall, partner, Employment and Labour; and Sneha Ajai, associate, Emp…
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What if you face a class action even though no one was harmed?
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In this article – “What if you face a class action even though no one was harmed?” – the authors examine a recent development that sees plaintiffs pursuing class action claims even when there has been no clear injury experienced by any of the parties. The authors provide some helpful recommendations for businesses to mitigate risk in the event of s…
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Managing risks and meeting the future: financial services regulatory trends
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In this article – “Managing risks and meeting the future: financial services regulatory trends” – we review recent, upcoming and potential changes to legislation and regulations in the financial services space, as well as their implications for borrowers, lenders and other industry participants. This article is authored by Victoria Graham, a partne…
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Proposed clean electricity regulations: is Canada staying in its lane?
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In this article – “Proposed clean electricity regulations: is Canada staying in its lane?” – we review the Canadian government’s proposed clean electricity regulations as part of its energy transition plan, and how this is contributing to further jurisdiction challenges between Ottawa and the provinces over climate policy. This article is authored …
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A tempest of change: impact of climate-related litigation and regulation
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In this article – “A tempest of change: impact of climate-related litigation and regulation” – we discuss the rising trend of climate litigation in Canada and around the world involving both corporations and governments, ESG legislation and regulation, greenwashing claims, evolving disclosure requirements and the impacts on corporations and their b…
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Canada emerging as powerhouse in the global EV supply chain
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In this article – “Canada emerging as powerhouse in the global EV supply chain” – we look at all of the advantages Canada has in the race to become a leader in supporting the production of electric vehicles. This article is authored by Shahir Guindi, Ad. E., Chair Emeritus and partner, Corporate Group; Alan Hutchison, partner, Corporate and Co-Chai…
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In this article – “AI governance: Navigating the path ahead” – we review the significant changes in the artificial intelligence sector during the past year, along with the legislative and regulatory developments that have the potential to dramatically impact the use and adoption of AI and related technologies. This article is authored by Simon Hodg…
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In this introduction, we share insights on key legal developments in 2023 and their implications for Canadian business. The highlights covered here are further explored in the 24 articles that make up this report. This introduction is authored by James Brown, who is a partner in our Corporate practice, and Jacqueline Code, partner and Chair, Resear…
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The growth mindset – lessons learned from women founders
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In this episode of the ESG Explorer podcast, guest host Jennifer Humphrey, an associate in the Emerging and High Growth Companies Group at Osler, speaks with Patricia Thaine, founder and CEO of Toronto-based Private AI, and Lourdes Juan, founder and CEO of Calgary-based Knead Technologies about their founder stories and the unique experiences they’…
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Diversity in corporate Canada: Is progress being made?
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In October 2022, Osler released its eighth annual Diversity Disclosure Practices - Diversity and leadership at Canadian public companies. The report looks at how well companies listed on the Toronto Stock Exchange and governed by the Canada Business Corporations Act are doing at working to improve diversity in senior leadership positions. This incl…
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2023: Time to revisit your equity plan design and disclosure
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In this article – “2023: Time to revisit your equity plan design and disclosure” – we review new Canadian non-GAAP disclosure rules and TSX Venture Exchange listing requirements; anticipated material changes to the design and disclosure of executive compensation arrangements for Canadian issuers listed on U.S. stock exchanges in 2023 and beyond; ho…
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Clarity on vaccine mandates and other issues for employers in 2022
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In this article – “Clarity on vaccine mandates and other issues for employers in 2022” – we review important the developments in labour and employment in Canada in 2022 including vaccination disputes arising in workplaces a well as some early decisions made by Canadian judges and arbitrators regarding mandatory vaccination policies. The authors als…
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How dense is too dense? Challenges of urban densification
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In this article – “How dense is too dense? Challenges of urban densification” – we review key developments in the real estate sector with a focus on the densification of urban real estate. The author also looks at the important legislative responses from government that emerged in 2022 and their implications for the years to come including what t…
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Corporate governance: New corporate rules and enhanced societal expectations
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In this article – “Corporate governance: New corporate rules and enhanced societal expectations” – we review the highlights of the most significant developments in corporate governance throughout 2022 including the increasing prominence of ESG, including increased ESG-related activism, evolving expectations relating to mandatory climate-related dis…
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2022 developments in capital markets enforcement
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In this article – “2022 developments in capital markets enforcement” – we review structural changes to the capital markets regulatory landscape in Canada, including the separation of the regulatory and tribunal functions of the Ontario Securities Commission; some of the most notable enforcement actions initiated over the course of the year; the use…
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Digital assets and blockchain: Trudging the road to greater clarity
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In this article – “Digital assets and blockchain: Trudging the road to greater clarity” – we review the major developments that have occurred in the crypto space over the past year, including some notable consolidations and bankruptcies, the emerging regulatory framework for cryptoasset trading platforms in Canada, and enforcement actions taken aga…
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2022: A big year for benchmark interbank offered rate reform
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In this article – “2022: A big year for benchmark interbank offered rate reform” – we review the significant developments regarding the transition of the Canadian benchmark rate, the Canadian Dollar Offered Rate, to the Canadian Overnight Repo Rate Average and the important considerations involved for the year ahead. This article is authored by Lis…
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Reverse vesting orders: Popular in Canada and going international?
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In this article – “Reverse vesting orders: Popular in Canada and going international?” – we review the use and benefits of the restructuring mechanism known as the reverse vesting order which insolvency professionals in Canada have been seeking, and courts have been approving, with greater frequency. We also look at the first example of a U.S. cour…
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No exit: Force majeure and economic risk allocation during COVID-19
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In this article – “No exit: Force majeure and economic risk allocation during COVID-19” – we review how the pandemic has resulted in an uptick in force majeure cases; litigation between Nieuport Aviation Infrastructure Partners GP and Porter Airlines Inc.; guidance provided to contractual parties by the Ontario Superior Court regarding force majeur…
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Canadian privacy class actions evolve beyond traditional data breaches
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In this article – “Canadian privacy class actions evolve beyond traditional data breaches” – we review the current state of privacy class actions in Canada and the shift by plaintiffs’ counsel away from traditional data breach claims. The authors also look at how Canadian courts are also continuing to consider and grapple with potential new privacy…
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Top Canadian public M&A legal developments in 2022
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In this article – “Top Canadian public M&A legal developments in 2022” – we review Canadian M&A activity in 2022; the use of derivatives in toehold accumulation strategies; implications of the delayed appeal of the Cineplex/Cineworld decision; recent developments in Rio Tinto’s proposed take-private acquisition of Turquoise Hill Resources; recent e…
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The freight train of privacy legislative reform keeps rolling
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In this article – “The freight train of privacy legislative reform keeps rolling” – we review developments in Canadian privacy legislative reform in 2022; Québec’s Bill 64 which poses a number of personal information and confidentiality requirements on companies carrying on business in that province; the federal government’s Bill C-27 designed to c…
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In this article – “ESG: Increased activity and activism” – we review key factors impacting companies incorporating ESG considerations into their business operations and for those who are facing increasing stakeholder pressure for greater ESG disclosure. The authors cover several issues including several new proposals for climate-related disclosure,…
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Canada proposes significant tax amendments to align with OECD BEPS recommendations
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In this article – “Canada proposes significant tax amendments to align with OECD BEPS recommendations” – we review significant tax amendments proposed by the federal government during 2022 and examine proposed interest deductibility limits, new anti-hybrid rules, mandatory disclosure rules, international tax reform and the GAAR consultation process…
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Trade law, sanctions and export controls in an era of global geopolitics
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In this article – “Trade law, sanctions and export controls in a new era of global geopolitics” – we review recent developments relating to trade law, sanctions and export controls as well as key restrictions and the federal government’s response to evolving geopolitical situations, the possibility of a further strengthening of existing sanctions a…
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Critical minerals: A test for the Canadian mining industry
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In this article – “Critical minerals: A test for the Canadian mining industry” – we review recent developments related to critical minerals in Canada including the federal government’s focus on the development of a critical minerals strategy and how the strategy is intending to identify new deposits for potential future development. As well, the au…
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White-collar crime enforcement in Canada: Making headway?
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In this article – “White-collar crime enforcement in Canada: Making headway?” – we review the significant developments in the regulation and enforcement of white-collar crime in Canada in 2022. These include the first court-approved deferred prosecution agreement in the country, in the SNC-Lavalin case; findings from the final report of the Cullen …
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Big changes to competition and foreign investment law and policy in Canada
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In this article – “Big changes to competition and foreign investment law and policy in Canada” – we review the significant issues that emerged in 2022 regarding competition and foreign investment law in Canada including amendments to the Competition Act, developments in competition litigation, national security reviews and a look ahead to 2023. Thi…
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The evolving regulatory landscape of virtual care in Canada
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In this article – “The evolving regulatory landscape of virtual care in Canada” – we review the changing rules related to virtual care including a look at the updating of virtual care policies by several health regulatory authorities and the licensing of extra-provincial virtual care providers, technology standards and the need for protection of pe…
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Financial services regulation in 2022: Bridging the gaps
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In this article – “Financial services regulation in 2022: Bridging the gaps” – we take a look at how regulators fleshed out details around the major developments in the Canadian financial services space over the past several years and worked towards operationalizing new systems and frameworks. This included payments modernization initiatives; new a…
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Capital markets activity slows as regulatory changes appear on the horizon
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In this article – “Capital markets activity slows as regulatory changes appear on the horizon” – the authors look back on a year that saw the slowing of activity levels, with initial public offering and follow-on activity declining to the lowest level in years. They also review key factors impacting businesses which participate in the capital marke…
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Our impressions of the most important developments of 2022
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In this article – “Our impressions of the year’s most important developments” – the authors review the notable developments in the Canadian legal and business landscape in 2022. This article is authored by James Brown, partner, Corporate and Co-Chair of the Mining Group and Jacqueline Code, partner and Chair, Research. Legal Year in Review is broug…
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