Anticompetitive regulatory risk on the rise: COVID’s role
By Julius Melnitzer | March 2, 2021 COVID-19 and its economic aftermath have cast a dark shadow of regulatory risk on businesses coping with Canada’s competition laws. There are two reasons: the first is that regulatory enforcement of corporate laws tends to be at its highest in bad times; the second is that that our […]
Top 10 business decisions of 2020 part one: From pipelines to anti-SLAPP
Thursday, February 25, 2021 @ 8:29 AM | By Julius Melnitzer What follows is our second annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. 10. British Columbia (Attorney General) v. Canada (Attorney General) 2020 SCC 1 It’s […]
GameStop: regulators’ dalliances are putting Canadian investors at risk
February 17, 2021 | Julius Melnitzer The GameStop short squeeze highlights just how much the deck is stacked against Canadian retail investors, says Russell Starr, CEO of Vancouver-based Trillium Gold Mines Inc. and co-founder of Echelon Wealth Partners Inc. “With WallStreetBets involved, there’s finally some insight into the extent to which our markets favour hedgers,” […]
Debt & disease: As opportunism overcame COVID-19 concerns, companies raised record debt financings in 2020
January 29, 2021 | By Julius Melnitzer FP Dealmakers: With most of the pre-funding and stockpiling done in 2020, executives see a quieter year ahead Resiliency was the name of the game as opportunism overcame fear in Canada’s corporate debt capital markets in 2020. Even as COVID-19 ravaged the globe, many companies, motivated no doubt […]
After the pandemic, business risk rises: RiskMap 21
January 26, 2021 | By Julius Melnitzer Businesses’ full throttle on financial recovery and growth at pandemic’s end could mask heightened compliance and risk issues, according to a leading forecaster of global business risks. “Legal teams and compliance officers must ensure the critical issues they oversee retain prominence, when so much focus at senior levels […]
Shareholders’ agreements: best weapon to fight corporate oppression
January 4, 2020 | By Julius Melnitzer If there’s doubt in anyone’s mind about the superior protection shareholders’ agreements provide for aggrieved investors, the Ontario Superior Court’s decision in Murray v. Pier 21 makes the case in spades. “We frequently get pushback from clients who say that they have perfect relationships with the other shareholders, […]
Does the Competition Bureau have Canada’s grocers in its sights?
November 30, 2020 | By Julius Melnitzer Canada’s Competition Bureau may be seeking new authority to curb major grocers’ inordinate bargaining power with their suppliers. In a speech to the Canadian Federation of Independent Grocers (CFIG) last Wednesday, Commissioner of Competition Matthew Boswell referenced the current debate over the need for a code of conduct […]
What to expect from Canada’s new privacy legislation
November 15, 2020 | By Julius Melnitzer The feds are tabling new privacy legislation on Monday. The proposed statutes are the Consumer Privacy Protection Act (CPPA) and the Personal Information and Data Protection Tribunal Act (PIDPTA). Although there’s no concrete information available about the proposed laws’ contents, privacy expert David Young of David Young Law […]
Supreme Court decision aggravates termination clause problems for employers
Julius Melnitzer | November 2, 2020 A recent decision from the Supreme Court of Canada suggests the test for employers seeking to limit recovery for unlawful termination damages related to long-term incentive plans may be insurmountable in practice. Read more.
CRA asks SCC if Loblaws can avoid tax on Barbados earnings
October 30, 2020 | By Julius Melnitzer The Supreme Court of Canada has agreed to consider whether Loblaw must pay Canadian tax on the profits of a Barbados-based subsidiary. The appeal could have landmark consequences for both the general anti-avoidance rule (GAAR) and the foreign accrual property income (FAPI) regime. “This could be a major […]