Legal Year in Review

Osler, Hoskin & Harcourt LLP

Legal Year in Review provides detailed observations from the legal experts at Osler, Hoskin & Harcourt LLP on the most significant legal and business developments from 2022 and their implications for 2023. With 26 informative and in-depth articles covering a wide variety of topics, we help you stay informed. read less
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Episodes

2023: Time to revisit your equity plan design and disclosure
Dec 13 2022
2023: Time to revisit your equity plan design and disclosure
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; how National Instrument 52-112 – Non-GAAP and Other Financial Measures Disclosure (NI 52-112) has begun to affect executive compensation disclosure; and new SEC rules which require U.S. stock exchanges to issue new requirements for listed issuers, including Canadian listed issuers.This article is authored by Andrew MacDougall and Lynne Lacoursière, partners, Corporate, and Co-Chairs, Executive Compensation practice; Kelly O’Ferrall, partner, Employment and Labour; Nick Guadagnolo, associate, Corporate; and Diana Yeung, associate, Corporate and Executive Compensation.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 500 lawyers to provide the answers you need, when you need them.Our Legal Year in Review, published December 7, 2022, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.For more information about Osler, please visit our website at osler.com. For the full Legal Year in Review, please visit www.legalyearinreview.ca.
Clarity on vaccine mandates and other issues for employers in 2022
Dec 13 2022
Clarity on vaccine mandates and other issues for employers in 2022
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 also examine disconnecting from work and electronic monitoring policy requirements for Ontario employers, new rights for Ontario digital platform workers, the exclusion of consultants from the Ontario Employment Standards Act and the increase in fines for Ontario Occupational Health and Safety Act violations. We also review the expansion of paid sick leave in B.C., and new rights for Québec-based employees as a result of Bill 96.This article is authored by members of the Employment and Labour practice: Kelly O‘Ferrall, partner; Abigail Omale, Adam Rempel, Briana MacEachern, Carrington Hickey, Ksenija Novakovic, Melanie Simon, Sylvia Evans, Irmak Aydemir, associates; and Tiffany Dang, articling student.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 500 lawyers to provide the answers you need, when you need them.Our Legal Year in Review, published December 7, 2022, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.For more information about Osler, please visit our website at osler.com. For the full Legal Year in Review, please visit www.legalyearinreview.ca.
ESG: Increased activity and activism
Dec 13 2022
ESG: Increased activity and activism
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, shareholder activism focused on ESG-related matters targeting various topics such as climate change and health and safety. The article also examines how, increasingly, ESG activists are using litigation to challenge how companies market or portray their products, services or policies as being environmentally friendly. Further, the article looks at how “greenwashing” claims are attracting interest from both regulators and class action plaintiffs.This article is authored by John Valley, partner, Corporate and Chair, Environmental, Social and Governance, Andrew MacDougall, partner, Corporate, Jennifer Fairfax, partner, Litigation and Chair, Environmental Disputes, Investigations and Enforcement, and Clare Barrowman, associate, Litigation.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 500 lawyers to provide the answers you need, when you need them.Our Legal Year in Review, published December 7, 2022, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.For more information about Osler, please visit our website at osler.com. For the full Legal Year in Review, please visit www.legalyearinreview.ca.
Trade law, sanctions and export controls in an era of global geopolitics
Dec 13 2022
Trade law, sanctions and export controls in an era of global geopolitics
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 and potential implementation of further measures. The authors also review the possible retrenchment of international trade to focus on internal trade. Canada’s proposal to combat slavery and other forms of forced labour in its supply chains is also examined along with the introduction of legislation seeking to increase transparency in supply chains and the importance for business to create a culture of compliance.This article is authored by Brad Wall, Special Advisor, Alan Kenigsberg, partner, Tax; Danielle Chu and Chelsea Rubin, both associates, Competition/Antitrust, Foreign Investment and International Trade; and Sarah Firestone, associate, Litigation.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 500 lawyers to provide the answers you need, when you need them.Our Legal Year in Review, published December 7, 2022, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.For more information about Osler, please visit our website at osler.com. For the full Legal Year in Review, please visit www.legalyearinreview.ca.
White-collar crime enforcement in Canada: Making headway?
Dec 13 2022
White-collar crime enforcement in Canada: Making headway?
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 Commission of Inquiry into Money Laundering in British Columbia; Canada’s impending modern slavery legislation, Bill S-211; RCMP-led enforcement activities against complex financial crimes; and several other initiatives in the space.This article is authored by Stéphane Eljarrat, Lawrence E. Ritchie, Frédéric Plamondon, partners, Malcolm Aboud, counsel, and Sarah Firestone and Emilie Dillon, associates, all Litigation.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 500 lawyers to provide the answers you need, when you need them.Our Legal Year in Review, published December 7, 2022, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.For more information about Osler, please visit our website at osler.com. For the full Legal Year in Review, please visit www.legalyearinreview.ca.
2022 developments in capital markets enforcement
Dec 13 2022
2022 developments in capital markets enforcement
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 of circumstantial evidence in insider trading cases; a Québec decision on territorial jurisdiction over out-of-province defendants in cases involving allegations of securities law violations; criminal and quasi-criminal enforcement proceedings initiated by the Ontario Securities Commission; and enforcement activity relating to crypto trading platforms.This article is authored by Lawrence Ritchie, Alexander Cobb, Fabrice Benoît, Frédéric Plamondon, partners, and Marleigh Dick, Sarah Firestone, Jayne Cooke, and Hannah Davis, associates, Litigation.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 500 lawyers to provide the answers you need, when you need them.Our Legal Year in Review, published December 7, 2022, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.For more information about Osler, please visit our website at osler.com. For the full Legal Year in Review, please visit www.legalyearinreview.ca.
Capital markets activity slows as regulatory changes appear on the horizon
Dec 13 2022
Capital markets activity slows as regulatory changes appear on the horizon
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 markets and are subject to securities regulations.  The article is authored by James Brown, partner, Corporate and Co-Chair, Mining, Jason Comerford, partner, Corporate, Rosalind Hunter, partner, Corporate, Michael Innes, partner, Corporate and Co-Chair Capital Markets, Desmond Lee, partner, Corporate and Co-Chair Capital Markets, Amelia Miao, partner, Corporate, François Paradis, partner, Corporate, Trevor Scott, partner, Corporate, and Andrea Whyte, partner, Corporate.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 500 lawyers to provide the answers you need, when you need them.Our Legal Year in Review, published December 7, 2022, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.For more information about Osler, please visit our website at osler.com. For the full Legal Year in Review, please visit www.legalyearinreview.ca.
Digital assets and blockchain: Trudging the road to greater clarity
Dec 13 2022
Digital assets and blockchain: Trudging the road to greater clarity
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 against unregistered platforms, as well as a look toward what the future may hold for the sector. This article is authored by Matthew Burgoyne and Laure Fouin, partners, Corporate, and Co-Chairs, Digital Assets and Blockchain; Lawrence Ritchie, partner, Litigation, and Co-Chair, Risk Management and Crisis Response; and Jesse-Ross Cohen, Asad Akhtar and Simon Cameron, associates, Litigation.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 500 lawyers to provide the answers you need, when you need them.Our Legal Year in Review, published December 7, 2022, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.For more information about Osler, please visit our website at osler.com. For the full Legal Year in Review, please visit www.legalyearinreview.ca.
Financial services regulation in 2022: Bridging the gaps
Dec 13 2022
Financial services regulation in 2022: Bridging the gaps
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 anti-money laundering measures initially introduced as a response to the protests and blockades in Ottawa early in the year; the long-awaited introduction of open banking; increased inter-regulatory cooperation on cryptoassets; and developments in financial title regulation across the country.This article is authored by Victoria Graham and Elizabeth Sale, both partners, Financial Services Regulatory; Lawrence Ritchie, partner, Litigation, and Chair, Risk Management and Crisis Response; and Haley Adams, associate, Financial Services Regulatory.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 500 lawyers to provide the answers you need, when you need them.Our Legal Year in Review, published December 7, 2022, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.For more information about Osler, please visit our website at osler.com. For the full Legal Year in Review, please visit www.legalyearinreview.ca.
Big changes to competition and foreign investment law and policy in Canada
Dec 13 2022
Big changes to competition and foreign investment law and policy in Canada
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.This article is authored by Shuli Rodal, partner and Chair, Competition/Antitrust and Foreign Investment, Michelle Lally and Kaeleigh Kuzma, both partners, Competition/Antitrust and Foreign Investment, Christopher Naudie, partner, Litigation, Danielle Chu and Chelsea Rubin, both associates, Competition/Antitrust, Foreign Investment and International Trade, and Reba Nauth and D’Arcy White, both associates, Competition/Antitrust and Foreign Investment.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 500 lawyers to provide the answers you need, when you need them.Our Legal Year in Review, published December 7, 2022, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.For more information about Osler, please visit our website at osler.com. For the full Legal Year in Review, please visit www.legalyearinreview.ca.
Top Canadian public M&A legal developments in 2022
Dec 13 2022
Top Canadian public M&A legal developments in 2022
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 examples of public M&A deals being announced on the basis of term sheets; modifications to dual class share structures; the expectation that well-capitalized buyers will take advantage of depressed target prices during the first half of 2023; and further anticipated responses from the Ontario Securities Commission with respect to a number of outstanding proposals included in the Ontario Capital Markets Modernization Taskforce final report.This article is authored by Alex Gorka, partner and Co-Chair, Mergers and Acquisitions; Emmanuel Pressman, partner and Chair, Corporate; and Jeremy Fraiberg, partner, Corporate and Co-Chair, Mergers and Acquisitions.Legal Year in Review is brought to you by Osler, Hoskin & Harcourt LLP. Osler is a leading, national law firm with a singular focus – your business. We advise clients on an array of domestic and cross-border legal issues, drawing on the expertise of over 500 lawyers to provide the answers you need, when you need them.Our Legal Year in Review, published December 7, 2022, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.For more information about Osler, please visit our website at osler.com. For the full Legal Year in Review, please visit www.legalyearinreview.ca.