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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This podcast is dedicated to the hard-working doctors, nurses and allied health professionals striving for excellence
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CPD Homes will be introduced to Australian-registered doctors in 2024, but what are they for, and what do they mean for you? Chair of the Medical Board of Australia, Dr Anne Tonkin, joins Todd to talk about what lies ahead. See omnystudio.com/listener for privacy information.By Todd Fraser
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Mechanical ventilation is indeed a lifesaving intervention. However, it is clear that positive pressure ventilation itself has the potential to cause harm. Novel approaches to ventilation aim to minimise this risk, and one such strategy is the incorporation of oesophageal pressure monitoring. Tai Pham is a staff intensivist in Paris and an assistan…
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If you’ve worked in ICU for very long, you’ll recognise the scenario where a patient who is weaning from mechanical ventilation goes into pulmonary oedema. This syndrome is referred to as weaning induced pulmonary oedema, or WIPO. Dr Rui Shi currently works as an intensivist in the surgical ICU of the First Affiliated Hospital at Sun Yet Sen Univer…
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The ultimate outcome for patients who are resuscitated from cardiac arrest depends heavily on the neurological damage that results from a low flow state. Prevention of further damage during this phase is one of the core goals of post resuscitation care. In recent years, a multitude of research papers have been produced which examine various aspects…
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This podcast comes to you from the 2023 ANZICS Clinical Trials Group Noosa meeting. ECMO (extracorporeal membrane oxygenation) is steadily embedding itself into modern critical care medicine. Does it have a role in pre-hospital setting for patients with refractory cardiac arrest? In this podcast, we are joined by Aidan Burrell to talk about the SHE…
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Non invasive ventilation is steadily establishing itself as a crucial component of the critical care armoury. While many patients can tolerate it, some require sedation. Wisam Al-Bassam is a staff specialist at Monash Medical center and Victorian Heart hospital. Wisam is passionate about education and research, and his research interests include me…
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DKA causes a serious disturbance of fluid and electrolyte balance. However, it is said that more complications are caused by our management than by the disease itself. This is no more apparent than in our management of the patient's fluids. Professor Bala Venkatesh is a world renowned intensive care researcher and he joins Todd to discuss the BEST-…
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Sometimes the failing heart needs support, and inotropic agents are often instituted ahead of other measures such as ECMO But is there a best agent? Antoine Kimmoun is a professor of Critical Care Medicine at the University of Lorraine, France, and he joins Todd to discuss these important agents. See omnystudio.com/listener for privacy information.…
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This podcast comes to you from the 2022 LIVES Conference in Paris Disseminiated intravascular coagulation is the endpoint of a range of different conditions, including sepsis. How does this important clinical condition evolve, and what can we do about it? Mirjam Bachler is a senior post doc researcher in surgery at the Department of Anaesthesiology…
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Cardiac arrest causes neurological injury through a sustained period of hypoxia and ischaemia. It has long been thought that avoiding further hypoxia could save vulnerable brain tissue, leading to the common practice of deliberate hyperoxygenation. However, recent research has suggested this approach may in fact be harmful. Paul Young is an Intensi…
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Driving pressures in Acute respiratory failure
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This podcast comes to you from the 25th Annual Noosa meeting of the ANZICS Clinical Trials Group. It is now well recognised that mechanical ventilation, while potentially lifesaving, also causes damage to the lung in its own right. Careful setting of the ventilator is crucial to avoiding lung injury. While plateau pressure ceilings have been recomm…
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This podcast comes to you from the 2022 LIVES Conference in Paris Sudden cardiac arrest in the community has historically had a poor prognosis. Improvements in prehospital care and post resuscitation interventions have raised hopes that overall survival has improved. But has it? Tommaso Scquizzato is a researcher in the fields of cardiac arrest and…
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Managing bleeding in a patient with severe trauma is a complex process, with multiple interventions occurring in parallel. Derek Kleinveld is an anesthesiology resident at the Erasmus MC in Rotterdam, The Netherlands, and a post-doc researcher with an interest in Trauma Induced Coagulopathy. He joins Todd to discuss haemostatic resuscitation in tra…
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Nutrition in survivors of critical illness
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There has been an intense focus on the nutritional needs of ICU patients in recent years, but what happens to them when they go to the wards? This important question is now the subject of interest for highly regarded critical care dietitians and researchers Lee-anne Chapple and Emma Ridley. See omnystudio.com/listener for privacy information.…
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It is well known that critical illness often features a pro-catabolic state, which can lead to muscle atropy and long term functional deficits. Early mobilisation has been thought to slow the rate of muscle loss, and potentially improve these outcomes. Professor Carol Hodgson is Head of the Division of Clinical Trials and Cohort Studies, School of …
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How important is AKI in trauma? Can we predict which patients will be affected? What can we do to stop it? These questions and many more have troubled intensive care clinicians as they care for patients after severe trauma. Dr Anatole Harrois joins Todd on the podcast to talk all-things AKI in trauma See omnystudio.com/listener for privacy informat…
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In traumatic brain injury, the lung and the brain are caught in a complex interplay, where the challenges of managing one can affect the other. Chiara Robba is a consultant in Neuro and General Intensive Care at Policlinico San Martino, Genova. She has a PhD in neuroscience and is the current chair of the NeuroICU section of the ESICM. Chiara joins…
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Ventilation is known to cause injury to the lungs in its own right, but now it is becoming clear that the respiratory effort of the patient may also contribute to ongoing pulmonary damage. Antonio Pesenti joins Todd to discuss what we know, and the future of research in this area. See omnystudio.com/listener for privacy information.…
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The SuDDICU trial is now in print. This long awaited trial explored the merits of Selective Digestive Decontamination (SDD), and in parallel studied its potential impact on the local microbiology resistance patterns. After over 15 years of work, principle investigator Ian Seppelt joins Todd on the podcast to discuss the trial, the results, and what…
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COVID-19 is a multisystem disease, and cardiac injury has been identified as a major contributor to the pathology. Antoine Vieillard-Baron is an intensivist and researcher from Boulogne in France, and he joins the podcast to talk about key echocardiographic patterns of disease found in COVID-19 See omnystudio.com/listener for privacy information.…
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Thrombotic microangiopathies are uncommon disorders, and can result in significant patient morbidity. With the introduction of effective new therapies, the outlook for those suffering from these diseases is increasingly optimistic. Elie Azoulay is a professor of medicine, intensivist and board member of the French National Reference Centre for Thro…
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Surgical site infections are a dreaded complication of all surgery, no more so than in cardiothoracics. Antibiotics at the time of surgery has an established role in the prevention of infections, but the duration of therapy remains contentious. The CALIPSO trial will explore different approaches to this question, and chief investigator Trisha Peel …
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Does my patient need bolus IV crystalloid fluids? This is a conundrum faced on a daily basis for clinicians working in the ICU. As time goes by, more evidence of the harm fluids do becomes available, so how can we be sure the fluids we give benefit our patients? Xavier Monnet is an intensivist and fluids researcher, and he joins Todd on the podcast…
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The development of antimicrobial agents is one of the most influential achievements of modern medicine. However, where once we thought the days of sepsis deaths could be numbered, antimicrobial resistance has given us pause for pessimism. Professor Jan De Waele is a surgery-trained intensivist and clinical researcher from Ghent, Belgium, working on…
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The pathophysiology of ARDS is complex and remains incompletely understood. However, it is clear that ARDS is not simply a disease of the alveoli. Understanding the pathological basis of ARDS will assist in the development of new therapies for this potentially fatal disease. One such avenue is the role of thrombolysis. Professor Anders Aneman and D…
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