JD Supra Canada

Publisher:
JD Supra
Publication date:
2019-04-29

Publisher

Law Firm

Latest documents

  • Governance Insights: A Preview of 2026: 10 Legal Updates GCs, Boards and Investors Need to Know

    The latest edition of Davies’ Governance Insights is now available. In this issue, we review 10 developments that general counsel and directors of Canadian public companies, and their investors, should know for 2026 and beyond. In this Governance Insights article, we review 10 developments that general counsel and directors of Canadian public companies, and their investors, should know for 2026 and beyond.

  • Governance Insights: Shareholder Activism in Canada: Surprising Resilience and Shifting Dynamics

    Despite factors that might have otherwise presented challenges for activists, shareholder activism in Canada proved resilient in 2025. The passing of a year marked by geopolitical and economic uncertainty – a trend which shows no signs of abating – invites reflection on the characteristics of the Canadian activism space today, including: • larger issuers being targeted disproportionately, with U.S.-based activists leading high-profile efforts - • an increased focus on business strategy in campaigns - • the rising frequency of settlements and few contested shareholder meetings - • a significant reshaping of the shareholder engagement landscape - The latest instalment of Governance Insights examines these trends and offers insights for both issuers and activists.

  • Key Considerations for Zoning and Land Use in Canada

    Real estate laws in Canada present unique opportunities and challenges. Our lawyers have authored the “Canada” chapter of Real Estate: Zoning & Land Use 2026, a global guide published by Chambers and Partners. Our chapter offers practical insights into navigating the legal, regulatory, and operational landscape of zoning and land use. Topics covered include: - Main Sources of Law - Market Trends - Conditions to Approval - Development Incentives

  • Beyond Elizabeth: The Current State of Fraudulent Conveyance and Fraudulent Preference Law in Canada

    I. INTRODUCTION: For decades, experts have recognized the need to reform Canada’s fraudulent conveyance and fraudulent preference laws (collectively, “reviewable transactions”), which have been described as “complex, antiquated and ambiguous, producing results that are often unpredictable and sometimes indefensible.” Broadly speaking, a fraudulent preference occurs when a debtor effects a transfer or assignment that unfairly prefers one or some of its creditors to the detriment of others, although the precise test varies, depending on the applicable legislation. In contrast, the broader concept of fraudulent conveyances does not require that the recipient of the transfer or assignment be a creditor of the debtor; common recipients are, eg, spouses or related parties.

  • Canada ESG Law 2026 Overview Regulatory Developments and Trends

    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”). Originally published in International Comparative Legal Guide -Environmental, Social & Governance Law 2026.

  • Blockchain & Cryptocurrency Regulation 2026: 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, in approving crypto-based exchange-traded funds (“ETFs”) and developing a pragmatic regulatory oversight and compliance framework under provincial securities regulation. The Canadian market also appears to be moving to a new stage of maturity as a robust regulatory framework and enforcement environment and reduced market volatility appear to be driving renewed institutional interest in the asset class in Canada.

  • Foreign Investment in Canada: Recent Trends and Future Outlook

    The Investment Canada Act (ICA) applies to all investments in Canada by non-Canadians. The Canadian government’s approach to investment reviews under the ICA has been shifting. While the review process previously focused on a pre-closing assessment of whether an investment was of net benefit to Canada, there is now a greater emphasis on identifying potential risks to Canada’s national security. With this shift, several recent amendments to the ICA have significantly altered the national security review regime by broadening the scope of investments subject to filing requirements, introducing new factors to be considered in a national security review, and updating the way the ICA’s national security provisions are administered and enforced.

  • Economic Outlook: Building Resilience and Capacity in a Disrupted World - 2025 Mid-Year

    There is much happening in North America and internationally that is disrupting the traditional patterns of trade and investment. Yet, conversations around the world and in Canada remind us of some basic truths. There is ample capital in Canada and globally to be deployed for productive use. Corporate leaders, institutional investors, sovereign wealth funds, private equity and private debt funds are all searching for assets, projects and enterprises that will deliver the best risk-adjusted returns.

  • Québec 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 from Thomson Reuters - July 2022.

  • Class Actions: Looking Forward 2025

    We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to seek financial remedies from the Competition Tribunal for certain anti-competitive conduct. Then, we reflect on the Supreme Court of Canada’s recent hearing of the appeal in Lundin Mining Corporation v Dov Markowich, the result of which may redefine the scope of “material change” under securities law, impacting the nature and frequency of securities class actions in Canada. Finally, we discuss a Supreme Court of Canada decision which paves the way for national multi-Crown class actions in Canada.

Featured documents