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• 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.

• 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 obligations for public companies, new mandatory tax reporting rules and recent court decisions regarding conflict of interest and independence issues, to name a few.

• 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, they must start preparing to comply with the new rules now, long before the amendments take effect.

• 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 system of all provinces and territories (other than the Province of Québec) is based upon the Common Law, derived from England. Québec (like the American State of Louisiana) is governed by the Civil Law system, derived from the French Napoleonic Code, as reflected in the Civil Code of Lower Canada adopted in 1866 (one year prior to Confederation) and replaced as of January 1st , 1994, by the Civil Code of Québec (the “CCQ”).

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• The Drummond Report: What Miners Need to Know

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