JD Supra Canada

JD Supra
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Latest documents

  • Davies Comments on First Proposed Canadian Sustainability Disclosure Standards

    Davies recently submitted a comment letter in response to public consultations initiated by the Canadian Sustainability Standards Board (CSSB) regarding their draft sustainability and climate disclosure standards, which aim to set a new benchmark for the disclosure of sustainability-related information.

  • Governance Insights: Protecting Information to Protect Process – When is it Appropriate to Restrict a Director’s Access to Board Records?

    When is a board of directors permitted to withhold information from one of its members? Although the Canadian corporate statutes generally grant directors a blanket right to inspect board and committee minutes, there is uncertainty as to whether a board could nonetheless withhold from a director minutes prepared in connection with a conflict of interest transaction (such as an M&A transaction in which the director has a special interest) or an internal investigation (of which the director is the subject).

  • Real Estate in Canada – Law and Practice

    1. General - 1.1 Main Sources of Law - Under Canada’s federal constitution, laws relating to real estate fall almost exclusively within provincial jurisdiction. Specifically, each Canadian province enacts its own legislation with respect to real property matters such as ownership structures, use, acquisitions and dispositions, financing and development. Generally speaking, the form and content of such laws tends to be similar across most of Canada’s provinces, as well as in the three northern territories. The exception is Quebec, which, as a civil law jurisdiction, establishes its real estate law in a Civil Code similar to those in use in many continental European countries.

  • Economic Outlook: Saving, Investment and Productivity Growth - 2024 Mid-Year

    Discussions with investors in Asia, Europe and the United States provide valuable insight into the state of Canada’s economy. Views reflect reality and perception. Both matter. Investors universally envy our potential, our resource base, our human and intellectual capital, our access to the United States and other global markets, and our strong legal and financial frameworks. Even in today’s uncertain world, many move forward with investments in our economy and commit to Canada long term. We celebrate such successes. But many observe unpredictable and disjointed policies and signals from governments and regulators that diminish prospective returns on investment, and so they choose to invest elsewhere. As a result, Canada leaves value on the table. We can do better.

  • 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 applications to the Supreme Court of Canada.

  • 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, its trust indenture; ■ stock exchange rules; ■ competition and antitrust legislation; ■ foreign investment legislation (see our response to question 1.3 below); ■ industry-specific legislation, including special rules for foreign ownership (see our response to question 1.4 below); and ■ tax laws, which are often a key driver of M&A transaction structuring. Originally Published in the ICLG – Mergers & Acquisitions - 2024.

  • 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 and corporate laws, with references to general Canadian corporate law and specific section references to the federal Canada Business Corporations Act (the “CBCA”). This chapter does not address any trade or consumer protection laws that may regulate ESG matters. Originally Published in the ICLG – Environmental, Social & Governance Law 2024.

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