Limited conditionality commitment letters, a relatively new phenomenon in Canada, were developed in the United States, where sellers have typically resisted the inclusion of financing conditions in acquisition agreements.
Canadian businesses, small, medium and large import goods from China. It is a reality in a globalized supply chain. Many Canadian businesses buy Chinese-origin goods from suppliers in a third country (e.g., the United States).
Taking the Bull by the Horns: Federal Government Introduces Pan-Canadian Carbon Price and Ratifies Paris Agreement; Paris Agreement to Come into Force in November 2016
The week of October 3, 2016 was an eventful one for Canadian climate change policy as the federal government introduced a pan-Canadian carbon price and ratified the Paris Agreement.
In the proposed $1 billion class action Rooney v. ArcelorMittal S.A., the Ontario Court of Appeal has clarified that security holders who sell their securities in the secondary market in connection with a take-over bid have no right to pursue an action for misrepresentation under Section 131(1) of the Securities Act (Ontario).
The Canadian Thanksgiving long week-end is upon us. Canadians travel outside Canada to visit friends and family and to shop. Canadians living abroad come home to Canada to visit family.
Evidence is required to establish “some basis in fact” for the procedural preconditions to certification.
Federal Government Proposes Changes to Corporate Law: What It Means for Corporate Governance and Shareholder Activism
On September 28, 2016, Canada’s federal government introduced a bill proposing amendments (the Amendments) to the Canada Business Corporations Act (the CBCA), among other acts.
Third Time’s the Most Inefficient: Another Call for National Class Actions Reform in McKay V. Air Canada, 2016 BCSC 1671
McKay is one of three potential class actions brought in B.C., Ontario, and Quebec respectively, arising from cargo fees charged by certain airlines.
Canadian Appellate Court Confirms That Judges Must Consider Evidence from Both Parties When Deciding a Motion for Leave to Bring a Class Action
As detailed repeatedly in this space, the Canadian court system has issued a number of decisions which have altered the practice of bringing – or defending against – a securities class action for secondary market misrepresentation.
The Ontario Securities Commission (the “OSC”) has now reported that in the month and a half since its rollout, its Office of the Whistleblower has received more than 30 tips reporting potential violations of securities laws.