JD Supra (Blogs)

7389 results for JD Supra (Blogs)

  • JD Supra Canada JD Supra, 2019
  • Data Privacy Guide - Canada

    Introduction - As a federal state with law-making powers shared between federal and provincial/territorial governments, Canada has both federal and provincial/territorial privacy laws that govern the private and public sectors (as of March 2023, there are 36 different privacy laws federally, provincially and territorially in Canada).

  • Practical Law: Commercial Real Estate in Canada

    Common Entity Types - Legal persons (such as corporations) and natural persons can generally hold rights over real property in Canada. Investment in real estate can be made through direct ownership by an individual or ownership of shares in a corporation that owns real estate. Various relationships can also be established for land ownership, such as co-ownerships, partnerships, and trusts.

  • 2023 Business Insolvencies in Canada

    As we predicted in earlier issues of Davies Insolvency Now, the year 2023 reflected the anticipated increase in business insolvency activity. In this issue, we perform a comparative review of business insolvencies from 2023, examine the fluctuating volume and decreasing asset values, look at how CCAA activities surged, breakdown small business insolvencies and present a snapshot of leave...

  • Mergers & Acquisitions 2024 Canada

    1 Relevant Authorities and Legislation - 1.1 What regulates M&A? The acquisition of a Canadian public issuer is largely regulated by, but not limited to, the following: ■ securities laws enacted by each of Canada’s 13 provinces and territories, with the laws being substantially harmonised across the country; ■ governing corporate or partnership statute, or if the entity is a trust,

  • What's Shaping Canada's IPO Market in 2024?

    It doesn’t come as breaking news that 2023 was a down year for initial public offerings (IPOs) in Canada, as companies faced a rare set of challenges in both the domestic and global markets. However, as with any downturn, there are reasons for optimism in 2024 as some uncertainties subside and interest rates are forecasted to stabilize, or even fall.

  • Environmental, Social & Governance Law 2024 Canada

    1 Setting the Scene – Sources and Overview - 1.1 What are the main substantive ESG-related regulations? There are a variety of environmental, social and governance (“ESG”)-related regulations applicable to federally and provincially incorporated companies; however, the focus of this chapter is on public companies that qualify as “reporting issuers” under applicable Canadian securities...

  • Governance Insights: 10 Trends that GCs and Boards Need to Know

    The latest edition of Davies’ Governance Insights is now available. In this issue, we explore 10 important trends that will help general counsel and boards navigate the year ahead. In order to help you with your strategic and compliance planning, we discuss issues including the re-emergence of shareholder activism, the continuing advance of artificial intelligence (AI), environmental disclosure...

  • US Companies Must Prepare for Upcoming Changes to the French Language Requirements for Trademarks in Quebec, Canada

    Amendments to the Charter of French Language (Charter) scheduled to come into force on June 1, 2025 will have major implications on trademark owners doing business in Quebec, Canada. This doesn’t just impact Canadian companies, but also the many U.S. companies doing business in Canada. And, since most companies make labels and packaging well in advance of when those items circulate in public,...

  • Real Estate 2024 Canada

    Real Estate Law- 1.1 Please briefly describe the main laws that govern real estate in your jurisdiction. Laws relating to leases of business premises should be listed in response to question 10.1. Those relating to zoning and environmental should be listed in response to question 12.1. Those relating to tax should be listed in response to questions in Section 9.

  • Ready to Rebound: Canada's 2024 M&A Landscape

    While Canadian M&A activity continued to lag in 2023 as compared to 2021 and early 2022 in terms of transaction value and volume, as reflected in a significant downturn in exits in Q3, there remain a number of reasons for optimism for Canadian M&A as we move into 2024.

  • Establishing a Business Entity in Canada (Updated)

    INTRODUCTION - Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages pursuant to the Official Languages Act (Canada). French is the official language in the Province of Québec pursuant to the Charter of the French Language (Québec). The legal...

  • Doing Business in Québec

    Our Doing Business in Québec guide provides an overview of the legal framework governing Canadian business operations in the province of Québec. This guide provides up-to-date information about the following topics: • corporate registration and filing requirements - • taxes - • labour and employment - • language requirements-...

  • Merger Control 2024 Canada

    1 Relevant Authorities and Legislation - 1.1 Who is/are the relevant merger authority(ies)? If relevant, please include details of: (i) independence from government; (ii) who the senior decision-makers are (e.g. Chair, Chief Executive, Chief Economists), how long they have been in position, and their professional background (lawyer, economist, academia, industry, professional services,...

  • Governance Insights: Get Smart on Artificial Intelligence (AI) and Corporate Governance: Key Considerations for Boards of Directors

    It has been one year since OpenAI released ChatGPT, arguably catalyzing today’s new wave of interest in AI. This surge of interest is driving substantial investments in AI technologies and a heightened urgency to address the use and regulation of AI. In today’s environment, where business teams may be motivated to push for rapid adoption of new AI-related technologies, corporate directors mindful

  • Buying and Selling Real Estate in Canada - Québec (Updated)

    KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the Civil Code of Québec, originally inspired by the French Napoleonic Code, and therefore quite distinct from other Canadian legal systems. In Québec, real estate is categorized

  • Buying and Selling Real Estate in Canada - Ontario (Updated)

    KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - INTRODUCTION - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates in all remaining provinces and territories. Real estate transactions conducted in Ontario are governed by laws and rules that are specific to the province. This requires...

  • Guide to Shareholder Activism and Proxy Contests in Canada

    Davies’ Shareholder Activism and Proxy Contests in Canada guide draws on our market-leading expertise to offer our insights on the principal legal and practical considerations for both activists and target companies, as well as notable recent developments and key differences between Canadian and U.S. requirements. As a top Bloomberg-ranked Canadian law firm in activism, Davies is involved in many

  • Special Committees: Frequently Asked Questions

    Special committees have evolved as a key corporate governance mechanism to assist boards of directors in discharging their fiduciary duties. Applicable securities laws mandate the use of special committees in connection with certain transactions and recommend the use of special committees for other transactions. Although the special committee mechanism is well known, corporations and directors...

  • Bankruptcy, Insolvency & Rehabilitation Proceedings in Canada (Updated)

    This guide offers an overview of legal aspects of bankruptcy, insolvency and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these market places and does not offer specific legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship, or its equivalent in the requisite jurisdiction. Please see...

  • Blockchain & Cryptocurrency Regulation 2024: Canada

    Government attitude and definition - As in many countries, the regulation of cryptocurrencies in Canada is divided among various levels of government and administrative agencies, depending on the nature of the activity undertaken. Despite these jurisdictional constraints, Canadian regulators generally continue to take a receptive and innovative approach to regulation, including, for example,

  • Competition Global Guide: Canada Q&A - Merger notification flowchart: Canada

    A Q&A guide to competition law in Canada. The Q&A provides a high-level overview of the antitrust and competition law rules for restraints of trade and dominance, merger control and the legal approach to joint ventures. Pleases see full Publication below for more information.

  • Arbitration Angle - 2023 Edition - Reflecting On A Year Of Decisions And Looking Ahead

    UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally adopted the Draft Code of Conduct for Arbitrators in International Investment Dispute Resolution (the Code). More than six years in development, the Code represents the ...

  • GOVERNANCE INSIGHTS 2023 - As the Pandemic Abates, Activists Advance: Shareholder Activism Rebounds in Canada

    Canadian shareholder activism continued its post-pandemic resurgence into the first half of 2023. Emerging trends include the “activist swarm,” where multiple—yet uncoordinated—activists converge on a single target with competing demands. Activism has also been on the rise in response to M&A transactions, with some attracting swarms of their own. Another trend to watch is whether larger cap...

  • Business Insolvency on the Rise in Canada: Understanding the Role of AI

    The first half of 2023 saw a significant increase in business insolvencies as economic sectors responded to uncertain financial conditions in Canada and around the world. In this issue of Davies Insolvency Now, we examine the impact of this rolling recession by sector and region. We also look at the role of AI tools in corporate insolvency practice from predicting credit default to alternative

  • Canadian Mergers & Acquisitions: A Guide for Investment Banks, Bidders and Boards, 10th edition

    Davies’ Canadian Mergers & Acquisitions guide draws on our substantial cross-border M&A experience to offer guidance on both the legal framework and practical aspects of Canadian mergers and acquisitions, including critical tax and regulatory considerations. Please see full Guide below for more information.

  • Quebec Language Requirements in the Workplace

    Since 1977, the Charter of the French Language, CQLR, c. C-11 (CFL) provides that French is the official language in the province of Québec and protects the linguistic rights of Québec citizens. Originally Published by Thomson Reuters - July 2022. Please see full Publication below for more information.

  • International Comparative Legal Guide – Alternative Investment Funds 2023: Canada

    1 Regulatory Framework - 1.1 What legislation governs the establishment and operation of Alternative Investment Funds? In Canada, the term “alternative investment fund” or AIF is not a term of art. Canadian securities laws distinguish between collective investment vehicles that are “investment funds” and those that are not investment funds. Consequently, certain AIFs in Canada are...

  • Canada's M&A Landscape Q2 2023: Steady in the Saddle

    Like the many competitors at the recently wrapped Calgary Stampede, the M&A market in Q2 dusted itself off and showed its resilience. With continued strength in the middle market, an increase in distressed M&A and an uptick in go-private transactions, the first half of 2023 played out in many ways as we expected when we published our Look Ahead to 2023 in early January. A few things we did...

  • Canada’s Shifting Credit and Insolvency Landscapes - Davies Insolvency Now, Issue 6

    In this issue of Davies Insolvency Now, against a backdrop of rising inflation and interest rates, we take a deep dive into the legislation that regulates rates of interest in Canada, drawing on recent court decisions to help parties avoid common pitfalls in structuring deals. We then review the Canadian data for Q1 2022, which reveal a 33.8% spike in total business insolvencies compared with the

  • Environmental, Social, & Governance Law 2023 Canada

    There are a variety of environmental, social and governance (“ESG”)-related regulations applicable to federally and provincially incorporated companies; however, the focus of this chapter will be on public companies that qualify as “reporting issuers” under applicable Canadian securities and corporate laws, with references to general Canadian corporate law and specific section references to...

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