JD Supra Canada

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

Publisher

Latest documents

  • 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”).

Featured documents

  • Enforcement of Foreign Judgment or Arbitral Awards in Brazil

    BRAZIL: This is to answer the Group’s questionnaire regarding recognition and enforcement in Brazil of foreign judgements and arbitration awards. Please see full article below for more information....

  • CSA Publish Proposal to Implement Stage 2 of Point of Sale Disclosure for Mutual Funds

    The Canadian Securities Administrators (the “CSA”) have published for a 90-day comment period proposed amendments to National Instrument 81-101 that are intended to implement Stage 2 of the point of sale disclosure  framework originally published in October 2008 by the Joint...

  • Focus on Renewable Energy - October 2011

    In This Issue: 1 Ontario Election 2011 - Renewable Energy 2 Contact Us Excerpt From: Ontario Election 2011 - Renewable Energy The Ontario Election 2011, held on October 6, has resulted in the Ontario Liberal Party being re-elected with a minority Government, winning 53 seats,...

  • Tax Topics - November 2011

    In This Issue: - CPP Maximum Pensionable Earnings . . . . 4 - Money Purchase Limits and RRSP Limits . . . . 4 - Charities Connection No. 9 . . . . 4 - Charitable Registration of Arts Organizations . . . . 5 - Information Circular IC82-6R9 . . . . 5 - Explanatory...

  • The Full Appreciation Test Unveiled Summary Judgment Motions Expanded in Ontario

    As I stated in my previous article regarding summary judgment motions in Ontario, Clients often lament that the wheels of justice grind too slowly and they ask what, if anything, can be done to have their dispute resolved more expeditiously. The legal community (judges, lawyers, academics and rule...

  • Tax Court Denies Deduction in Tower Financing Structure

    Taxpayers that have implemented cross-border tower financing structures and that have claimed a Canadian tax deduction for any U.S. taxes paid should revisit their structures carefully in light of the Tax Court of Canada’s recent decision in FLSMIDTH Ltd. v. The Queen (2012 TCC 3), which is the...

  • Panel of Tax Experts Debates Impact of Copthorne Decision at Canadian Tax Foundation Seminar

    On Thursday, January 26, 2012, in the ballroom of the historic Fairmont Royal York Hotel in downtown Toronto, the Canadian Tax Foundation hosted a lively panel discussion on the recent Supreme Court of Canada (“SCC”) decision in Copthorne Holdings Ltd. v. The Queen. The event was also webcast, with ...

  • Lawyer-Mediator’s Firm Conflicted-Out of Representing Employee

    The law firm of a lawyer who assisted a hospital in “evaluating, mediating and resolving workplace conflicts between employees including allegations of harassment and workplace violence” has been ordered removed as lawyers of record for an employee who was suing the hospital. The lawyer/mediat...

  • A Practical Approach To Enhance The Protection Of Quebec Mutual Fund Investors

    The Quebec government has mandated the Autorité des marchés financiers (‘’AMF’’) to hold a public consultation on compensation for victims of financial fraud. In response, the AMF published, on December 9th, 2011, a Notice of consultation on the...

  • Copyright: Canadian Update

    A few updates on copyright in Canada. The concept of “fair dealing” is the one to watch. Copyright Reform: Bill C-11 (the copyright reform bill) is currently in Committee in Parliament, meaning the bill has gone through first reading, and second reading, and is being is being further examined and...

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