Podcast terbaik Year In Review (2024)

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Corporate governance: New corporate rules and enhanced societal expectations 11:55

1+ y ago11:55

11:55

In this article – “Corporate governance: New corporate rules and enhanced societal expectations” – we review the highlights of the most significant developments in corporate governance throughout 2022 including the increasing prominence of ESG, including increased ESG-related activism, evolving expectations relating to mandatory climate-related dis…

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How dense is too dense? Challenges of urban densification 11:26

1+ y ago11:26

11:26

In this article – “How dense is too dense? Challenges of urban densification” – we review key developments in the real estate sector with a focus on the densification of urban real estate. The author also looks at the important legislative responses from government that emerged in 2022 and their implications for the years to come including what t…

1
Clarity on vaccine mandates and other issues for employers in 2022 27:45

1+ y ago27:45

27:45

In this article – “Clarity on vaccine mandates and other issues for employers in 2022” – we review important the developments in labour and employment in Canada in 2022 including vaccination disputes arising in workplaces a well as some early decisions made by Canadian judges and arbitrators regarding mandatory vaccination policies. The authors als…

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2023: Time to revisit your equity plan design and disclosure 17:44

1+ y ago17:44

17:44

In this article – “2023: Time to revisit your equity plan design and disclosure” – we review new Canadian non-GAAP disclosure rules and TSX Venture Exchange listing requirements; anticipated material changes to the design and disclosure of executive compensation arrangements for Canadian issuers listed on U.S. stock exchanges in 2023 and beyond; ho…

1
ESG: Increased activity and activism 17:56

1+ y ago17:56

17:56

In this article – “ESG: Increased activity and activism” – we review key factors impacting companies incorporating ESG considerations into their business operations and for those who are facing increasing stakeholder pressure for greater ESG disclosure. The authors cover several issues including several new proposals for climate-related disclosure,…

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2022 developments in capital markets enforcement 15:51

1+ y ago15:51

15:51

In this article – “2022 developments in capital markets enforcement” – we review structural changes to the capital markets regulatory landscape in Canada, including the separation of the regulatory and tribunal functions of the Ontario Securities Commission; some of the most notable enforcement actions initiated over the course of the year; the use…

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Digital assets and blockchain: Trudging the road to greater clarity 20:47

1+ y ago20:47

20:47

In this article – “Digital assets and blockchain: Trudging the road to greater clarity” – we review the major developments that have occurred in the crypto space over the past year, including some notable consolidations and bankruptcies, the emerging regulatory framework for cryptoasset trading platforms in Canada, and enforcement actions taken aga…

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2022: A big year for benchmark interbank offered rate reform 12:39

1+ y ago12:39

12:39

In this article – “2022: A big year for benchmark interbank offered rate reform” – we review the significant developments regarding the transition of the Canadian benchmark rate, the Canadian Dollar Offered Rate, to the Canadian Overnight Repo Rate Average and the important considerations involved for the year ahead. This article is authored by Lis…

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Reverse vesting orders: Popular in Canada and going international? 15:09

1+ y ago15:09

15:09

In this article – “Reverse vesting orders: Popular in Canada and going international?” – we review the use and benefits of the restructuring mechanism known as the reverse vesting order which insolvency professionals in Canada have been seeking, and courts have been approving, with greater frequency. We also look at the first example of a U.S. cour…

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No exit: Force majeure and economic risk allocation during COVID-19 15:09

1+ y ago15:09

15:09

In this article – “No exit: Force majeure and economic risk allocation during COVID-19” – we review how the pandemic has resulted in an uptick in force majeure cases; litigation between Nieuport Aviation Infrastructure Partners GP and Porter Airlines Inc.; guidance provided to contractual parties by the Ontario Superior Court regarding force majeur…

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Canadian privacy class actions evolve beyond traditional data breaches 11:41

1+ y ago11:41

11:41

In this article – “Canadian privacy class actions evolve beyond traditional data breaches” – we review the current state of privacy class actions in Canada and the shift by plaintiffs’ counsel away from traditional data breach claims. The authors also look at how Canadian courts are also continuing to consider and grapple with potential new privacy…

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Top Canadian public M&A legal developments in 2022 24:07

1+ y ago24:07

24:07

In this article – “Top Canadian public M&A legal developments in 2022” – we review Canadian M&A activity in 2022; the use of derivatives in toehold accumulation strategies; implications of the delayed appeal of the Cineplex/Cineworld decision; recent developments in Rio Tinto’s proposed take-private acquisition of Turquoise Hill Resources; recent e…

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The freight train of privacy legislative reform keeps rolling 19:02

1+ y ago19:02

19:02

In this article – “The freight train of privacy legislative reform keeps rolling” – we review developments in Canadian privacy legislative reform in 2022; Québec’s Bill 64 which poses a number of personal information and confidentiality requirements on companies carrying on business in that province; the federal government’s Bill C-27 designed to c…

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Capital markets activity slows as regulatory changes appear on the horizon 29:20

1+ y ago29:20

29:20

In this article – “Capital markets activity slows as regulatory changes appear on the horizon” – the authors look back on a year that saw the slowing of activity levels, with initial public offering and follow-on activity declining to the lowest level in years. They also review key factors impacting businesses which participate in the capital marke…

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Canada proposes significant tax amendments to align with OECD BEPS recommendations 15:13

1+ y ago15:13

15:13

In this article – “Canada proposes significant tax amendments to align with OECD BEPS recommendations” – we review significant tax amendments proposed by the federal government during 2022 and examine proposed interest deductibility limits, new anti-hybrid rules, mandatory disclosure rules, international tax reform and the GAAR consultation process…

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Trade law, sanctions and export controls in an era of global geopolitics 17:43

1+ y ago17:43

17:43

In this article – “Trade law, sanctions and export controls in a new era of global geopolitics” – we review recent developments relating to trade law, sanctions and export controls as well as key restrictions and the federal government’s response to evolving geopolitical situations, the possibility of a further strengthening of existing sanctions a…

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Critical minerals: A test for the Canadian mining industry 10:29

1+ y ago10:29

10:29

In this article – “Critical minerals: A test for the Canadian mining industry” – we review recent developments related to critical minerals in Canada including the federal government’s focus on the development of a critical minerals strategy and how the strategy is intending to identify new deposits for potential future development. As well, the au…

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White-collar crime enforcement in Canada: Making headway? 13:58

1+ y ago13:58

13:58

In this article – “White-collar crime enforcement in Canada: Making headway?” – we review the significant developments in the regulation and enforcement of white-collar crime in Canada in 2022. These include the first court-approved deferred prosecution agreement in the country, in the SNC-Lavalin case; findings from the final report of the Cullen …

1
Big changes to competition and foreign investment law and policy in Canada 17:44

1+ y ago17:44

17:44

In this article – “Big changes to competition and foreign investment law and policy in Canada” – we review the significant issues that emerged in 2022 regarding competition and foreign investment law in Canada including amendments to the Competition Act, developments in competition litigation, national security reviews and a look ahead to 2023. Thi…

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The evolving regulatory landscape of virtual care in Canada 15:55

1+ y ago15:55

15:55

In this article – “The evolving regulatory landscape of virtual care in Canada” – we review the changing rules related to virtual care including a look at the updating of virtual care policies by several health regulatory authorities and the licensing of extra-provincial virtual care providers, technology standards and the need for protection of pe…

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Financial services regulation in 2022: Bridging the gaps 16:28

1+ y ago16:28

16:28

In this article – “Financial services regulation in 2022: Bridging the gaps” – we take a look at how regulators fleshed out details around the major developments in the Canadian financial services space over the past several years and worked towards operationalizing new systems and frameworks. This included payments modernization initiatives; new a…

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Tax avoidance in Canada and the future of GAAR 8:40

1+ y ago8:40

8:40

In this article – “Tax avoidance in Canada and the future of GAAR” – we review the federal government’s intention to modernize Canada’s anti-avoidance rules, including the GAAR; the release of the government’s consultation paper that describes potential sweeping changes to the GAAR; the proposal to change the burden of proof in GAAR cases; how the …

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Our impressions of the most important developments of 2022 19:43

1+ y ago19:43

19:43

In this article – “Our impressions of the year’s most important developments” – the authors review the notable developments in the Canadian legal and business landscape in 2022. This article is authored by James Brown, partner, Corporate and Co-Chair of the Mining Group and Jacqueline Code, partner and Chair, Research. Legal Year in Review is broug…

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The perils of evidentiary ‘Jenga towers’ in securities class actions 16:12

1+ y ago16:12

16:12

In this article – “The perils of evidentiary ‘Jenga towers’ in securities class actions" – we review a series of securities class action decisions in 2022 where Ontario courts provided useful guidance on elements of the statutory cause of action for secondary market misrepresentation; the gatekeeping role of leave motion judges; guidance on what co…

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Treaty rights and resource development: The cumulative effects claims begin to pile up 10:37

1+ y ago10:37

10:37

In this article – “Treaty rights and resource development: The cumulative effects claims begin to pile up” – we review the rise in cumulative effects treaty infringement claims in 2022; the B.C. Supreme Court decision in Yahey that the province’s regulatory regime did not appropriately consider or assess the cumulative impact of development on Blue…

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Government initiatives accelerate new investments in energy transition across Western Canada 15:05

1+ y ago15:05

15:05

In this article – “Government initiatives accelerate new investments in energy transition across Western Canada" - we review the accelerated push over the past year towards energy transition and a net-zero future; the growth of such industries as CCUs, blue hydrogen and net-zero power generation; the federal government’s Emissions Reduction Plan 20…

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Québec makes sweeping changes to its French language law 10:21

1+ y ago10:21

10:21

In this article – “Québec makes sweeping changes to its French language law” – we review the adoption of Bill 96, An Act respecting French, the official and common language of Québec and the changes it brings along with an overview of the ramifications for failing to comply with the Act. This article is authored by Alexander Fallon, partner in the …

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Overview of the most significant legal and business developments of 2021 14:31

2+ y ago14:31

14:31

Welcome to Osler’s Legal Year in Review. In our introduction, we share important insights on significant legal developments in 2021, and their implications for Canadian business. The highlights covered here are further explored in the 32 articles that make up this year’s report. Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP…

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Tax planning developments: Important international tax changes 12:05

2+ y ago12:05

12:05

In this article – “Tax planning developments: Important international tax changes” – we review such factors as the proposed changes for international taxation in Canada in 2021; Canada’s continuing work with the OECD, G20 and a number of other countries on significant international tax reform proposals; proposed new limits on interest deductibility…

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Carbon capture and hydrogen development central to Western Canada’s energy transition 10:27

2+ y ago10:27

10:27

In this article – “Carbon capture and hydrogen development central to Western Canada’s energy transition” – we discuss how Canada’s goal of achieving net-zero carbon emissions by the year 2050 has contributed to a transition in the country’s energy sector toward new technologies and processes like carbon capture and blue hydrogen, and the anticipat…

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Supreme Court ends uncertainty over constitutionality of federal carbon pricing framework 12:42

2+ y ago12:42

12:42

In this article – “Supreme Court ends uncertainty over constitutionality of federal carbon pricing framework” – we review Canada’s federal carbon pricing regime and the history of its constitutional challenges through courts in Saskatchewan, Ontario, Alberta and eventually the Supreme Court. The Supreme Court’s final decision, which provides much-n…

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Decoding crypto – Providing regulatory clarity to cryptoasset businesses 16:52

2+ y ago16:52

16:52

In this article – “Decoding crypto – Providing regulatory clarity to cryptoasset businesses” – we review such factors as the adoption of a clear registration regime for cryptoassets trading platforms (CTPs); regulatory guidance with regard to the advertising and marketing practices of custodial CTPs; new anti-money laundering requirements relating …

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Government of Québec proposes stricter French language law 7:45

2+ y ago7:45

7:45

In this article – “Government of Québec proposes stricter French language law” – we review aspects of An Act Respecting French, the Official and Common Language of Québec, which proposes the most significant changes to the Charter of the French Language since its enactment in 1977. We have highlighted the most significant considerations that may ap…

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The second year of COVID-19: A rapidly changing health landscape 11:16

2+ y ago11:16

11:16

In this article – “The second year of COVID-19: A rapidly changing health landscape” – we review the difficult tasks management teams faced in 2021 as industry standards, government restrictions and guidance, and scientific knowledge pertaining to COVID-19 continued to evolve at a rapid pace. When suddenly politicized vaccines rolled out to the Can…

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M&A: A look back at 2021 and ahead to 2022 21:43

2+ y ago21:43

21:43

In this article – “M&A: A look back at 2021 and ahead to 2022” – we examine the remarkable volume of deal-making activity in Canada in 2021, a massive increase over the unpredictability of 2020, and the factors driving this to continue in 2022. We review “busted deal” litigation ensuing from the COVID-19 pandemic, including a pending decision that …

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The latest in Canadian health clinic acquisitions 10:03

2+ y ago10:03

10:03

In this article – “The latest in Canadian health clinic acquisitions” – we review the current landscape of Canada’s health industry, including the factors leading to the flurry of M&A activity in the sector since the COVID-19 pandemic began, like. Though Canada’s health industry had long been seen as a difficult one for investors to enter, we look …

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Trade Regulation in 2021: A year of evolution and the “new normal” 12:08

2+ y ago12:08

12:08

In this article – “Trade Regulation in 2021: A year of evolution and the ‘new normal’” – we review such factors as the evolution of trade law as businesses and governments continue to adapt and learn to operate post-pandemic; how the frameworks for Canada’s trade relationships with its largest partners have become increasingly embedded; and how gov…

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People, planet and performance: Embracing ESG 14:56

2+ y ago14:56

14:56

In this article – “People, planet and performance: Embracing ESG” – we review such factors as the greater attention being paid to ESG considerations in 2021; demands on corporations for more rigorous disclosure and achievements regarding ESG matters; the push by regulators for greater diversity disclosure; increased focus on climate-related financi…

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Progressive changes in a historic year for capital markets activity 19:20

2+ y ago19:20

19:20

In this article – “Progressive changes in a historic year for capital markets activity” – we review such factors as the continuing push to modernize Canadian securities regulation and reduce regulatory burdens; the impact of the COVID-19 pandemic on issuers and investors; the significant interest in ESG from the investment community and from securi…

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Extraordinary first day relief, EFC guidance, good faith and more: Notable themes in CCAA restructurings 19:52

2+ y ago19:52

19:52

In this article – “Extraordinary first day relief, EFC guidance, good faith and more: Notable themes in CCAA restructurings” – we review such factors as the extraordinary relief that takes effect during the first 10 days of a filing when the specific and unique circumstances faced by the debtor justify it; how regulatory stay can preserve the debto…

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Leave Requirement in Securities Class Actions: “More than a speedbump, less than the Matterhorn” 13:20

2+ y ago13:20

13:20

In this article – “Securities class actions leave: More than a speedbump, not the Matterhorn” – we review such factors as how the courts are becoming increasingly interventionist in their role as gatekeepers, particularly in the context of unmeritorious secondary market claims; how an action from secondary market misrepresentation under the Ontario…

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Spotlight on Statutory Interpretation and Tax Avoidance: Three Key Decisions in 2021 19:46

2+ y ago19:46

19:46

In this article – “Spotlight on statutory interpretation and tax avoidance: Three key decisions in 2021” – we examine two cases decided by the Supreme Court of Canada this year involving the permissible limits of international tax planning. The decisions clarify and provide important guidance on the principles of statutory interpretation in the tax…

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A dynamic year for capital markets enforcement 26:28

2+ y ago26:28

26:28

In this article – “A dynamic year for capital markets enforcement” – we review such factors as capital markets enforcement activity in 2021; the announcement of a beneficial ownership registry; the use of early resolution offers to resolve enforcement cases more efficiently; the pandemic-induced transition to virtual regulation and enforcement; the…

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Financial services regulation in 2021: Back to business 19:00

2+ y ago19:00

19:00

In this article – “Financial services regulation in 2021: Back to business” – we review some of the significant developments in the sector over the past year. As the industry continues its rapid evolution, 2021 saw various reforms and initiatives looking to regulate discrete parts of the financial ecosystem that had previously been lightly regulate…

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Upping the ante: Ontario’s iGaming model will be industry game changer 16:13

2+ y ago16:13

16:13

In this article – “Upping the ante: Ontario’s iGaming model will be industry game changer” – we review the significant developments in the Internet gaming sector in Canada in 2021, including the federal legalization of single-event sports betting and the proposed regulatory framework for Internet gaming in Ontario, which will provide private operat…

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Lawyers and the AI knowledge gap 12:08

2+ y ago12:08

12:08

In this article, “Lawyers and the AI knowledge gap”, we review what artificial intelligence is, how it can be applied to legal work, such as contracts, and the benefits that can be realized from AI-supported contract assembly and review. We also examine the value proposition of AI in law to enable legal professionals to more quickly and accurately,…

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VC fund managers innovate to keep pace 10:40

2+ y ago10:40

10:40

In this article – “VC fund managers innovate to keep pace” – we review such factors as the three significant developments in the Canadian fund market over the last 12 months; how opportunity funds capitalize on opportunities that a fund manager may not have been able to previously pursue; how establishing a continuity fund provides flexibility to a…

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Canadian courts confirm significant limits on privacy class actions 10:32

2+ y ago10:32

10:32

In this article – “Canadian courts confirm significant limits on privacy class actions” – we review such factors as why a class action should not automatically follow from a data breach or incident; how plaintiffs must show evidence of actual harm to obtain certification; and how the courts have put a stop to privacy class actions that lack evidenc…

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White-collar defence: Increasing risks and enforcement activity 19:18

2+ y ago19:18

19:18

In this article – “White-collar defence: Increasing risks and enforcement activity” – we review such factors as increased compliance risks related to the ongoing COVID-19 pandemic; significant updates to federal anti-money laundering legislation and to Canada’s remediation agreements regime; key legal and regulatory developments which continue to i…

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Canada’s freight train of privacy legislative reform continues 15:08

2+ y ago15:08

15:08

In this article – “Canada’s freight train of privacy legislative reform continues” – we review legislative changes and efforts across several Canadian jurisdictions in the privacy space in 2021. Québec’s new privacy law exposes companies to significant risk and severe financial penalties, and amendments to private sector policy regimes across the c…

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