Saskatchewan to adopt super-priority for deemed trusts
January 23, 2019 Saskatchewan will soon be the latest jurisdiction to adopt an enhanced priority for deemed trusts created by its pension benefits legislation. The Pension Benefits Act establishes a deemed trust for amounts contributed by both employers and employees. Bill 151, which amends the province’s Personal Property Security Act, will create a super-priority for […]
From record highs to crisis lows, volatility takes toll on debt markets
On the bright side, Canada is developing a broader and deeper hybrid market Canadian issuer activity in debt capital markets last year turned out to be nothing less than a tale of two halves: a record first half, followed by the slowest second half since the financial crisis. “H1 was busy, the summer was the […]
Issues that keep boards awake at night
25 Feb 2019 With proxy season looming, Canadian public issuers are taking their usual rear-view mirror peek at last year’s developments in corporate governance and disclosure, all with a view to ensuring that boards are properly prepared to meet shareholders’ expectations and demands. And, increasingly, dealing with these issues becomes more daunting. “On the one […]
All that glitters is not gold
Bitcoin and other cryptoassets may be today’s darling, but regulators are struggling to keep up with their evolution, including how to apply tax law to them Feb 14, 2019 If the sudden demise in the price of Bitcoin — from almost US$20,000 in late 2017 to about $3,600 in early January 2019, erasing some $200 […]
Top 10 Business Decisions of 2018
Canadian courts delivered a number of notable decisions that affected Canadian business in 2018, including the Federal Court of Appeal overturning Tsleil-Waututh Nation v. Canada (Attorney General) Feb 14, 2019 While six of Lexpert’s top 10 business decisions from Canadian appellate courts and administrative tribunals in 2018 came out arguably in favour of the business community, that trend […]
$20-million judgment overturned
The Ontario Court of Appeal has overturned a summary judgment for $20 million based on a criminal conviction for fraud over $5,000. 25 Mar 2019 The Ontario Court of Appeal has overturned a summary judgment for $20 million based on a criminal conviction for fraud over $5,000. “The case cried out for scrutiny,” says Doug Cunningham […]
Driving Innovation
Technology aimed at lawyers continues to change the way law is practised as those with deep subject-matter expertise recognize there’s a better way to service clients Mar 14, 2019 Berating the legal profession as lacking in innovative drive — particularly when it comes to technology — verges on the fashionable. But fashion passes, frequently into […]
Are big fund managers’ sizeable holdings in companies hurting competition? The Competition Bureau thinks it might
Common ownership by the likes of BlackRock and Vanguard in airlines and soft drinks sectors have led to higher prices and less innovation in those markets, one analyst says March 5, 2019 | 2:09 PM EST Canada’s Competition Bureau, following the lead of other international regulators, is investigating an increased emphasis on common ownership in […]
‘Vestige of the past’: Competition Bureau mulls scrapping ‘efficiencies’ defence in merger laws
Advocates had argued that the law was crucial as consolidation can be more beneficial than competition, but its value appears to have diminished in the digital economy April 30, 201910:51 AM EDT With the Competition Bureau poised to release new guidelines on the role of efficiencies in merger reviews, Canada’s unique “efficiencies” defence, which allows […]
Billions of dollars in taxes could go up in smoke as $13.5B judgment weighs on tobacco industry
Industry’s demise would hit nation’s finances, the revenue stream cigarette sales provide to Aboriginal people, and lead to a potential boom in illicit tobacco trade May 13, 2019 12:50 PM EDT A $13.5 billion judgment against Canada’s Big Three tobacco companies has forced them into the largest and most complicated restructuring proceedings this country has […]