Share on LinkedInShare on LinkedIn

ARTICLE · 12 FEBRUARY 2016

The Strategic Value Of Transaction Insurance

Bennett Jones LLP
Bennett Jones LLP
Contributor
Bennett Jones LLP

Bennett Jones LLP

Bennett Jones is one of Canada’s premier business law firms. With deep experience in complex...

View firm profile
Explore more from Bennett Jones LLP

When we provided our thoughts on representation and warranty insurance (RWI) this time last year, we anticipated that RWI would continue to grow in prevalence in the Canadian deal-making.

CanadaInsurance
Bennett Jones LLP
Bennett Jones LLP
Author LinkedIn connections

When we provided our thoughts on representation and warranty insurance (RWI) this time last year ( Getting a Deal to Closing with Transaction Insurance), we anticipated that RWI would continue to grow in prevalence in the Canadian deal-making. A year later and we can confirm that 2015 was a banner year for the use of RWI in Canada and we expect this trend to continue in 2016. Our view is that greater awareness of the strategic value of RWI and heightened sensitivity to risk in the current volatile economy will continue to lead parties to investigate and obtain RWI in their deals.

The growing use of RWI to overcome deal hurdles illustrates the maturing RWI market and the upside it provides in various of transaction situations. Whether targeting improved indemnity protection or longer survival of representations and warranties, improving a bid in a competitive auction process, or being forced into a RWI policy when no vendor indemnity is possible, there are various

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Ontario Auto Insurance Just Changed: What’s Now Optional And How To Protect Yourself

Ontario's 2026 auto insurance reforms converted most accident benefits from mandatory to optional coverage, creating significant gaps in protection for pedestrians, cyclists, and unlisted drivers. Understanding these changes and taking proactive steps before your policy renewal could mean the difference between comprehensive coverage and devastating financial exposure after an accident.
CanadaInsurance
Howie, Sacks & Henry LLP
Howie, Sacks & Henry LLP
Article

Does My Credit Card Cover Rental Car Insurance In Canada? What You Need To Know

Premium credit cards often include rental car insurance, but many Canadians misunderstand what this coverage actually protects. While collision damage waivers may cover the rental vehicle itself, they typically exclude liability for injuries to others, personal belongings, and certain vehicle types. Understanding these limitations before declining the rental company's insurance can prevent costly surprises after an accident.
CanadaInsurance
Howie, Sacks & Henry LLP
Howie, Sacks & Henry LLP
Article

Regulatory Alert: FSRA Warns Of Unlicensed GAP Insurance Sales In Ontario

Ontario's Financial Services Regulatory Authority has issued a warning about unlicensed businesses selling Guaranteed Asset Protection (GAP) insurance through vehicle dealerships, leaving consumers potentially unprotected despite paying hundreds of dollars for coverage. The regulatory body has identified cases where GAP products reference insurers that never actually underwrote the policies, and is now taking enforcement action against violators while monitoring the market for compliance with licensing requ
CanadaInsurance
Gowling WLG
Gowling WLG
Article

Data Centre West 2026: Alberta's Digital Infrastructure Moment Has Arrived

Alberta's data centre sector has evolved from speculative interest into billions in committed investment, supported by a new regulatory framework and hyperscale commitments from Meta and AWS. However, grid capacity constraints, power procurement challenges, unresolved federal copyright issues affecting AI training workloads, and community concerns about environmental impacts present significant obstacles that require continued collaboration between industry, government, and regulators.
CanadaEnergy and Natural Resources
Bennett Jones LLP
Bennett Jones LLP
Article

Canada's Response To Trump: Tariffs And Relief Measures

Following the Trump administration's imposition of 50% tariffs on Canadian exports worth C$27.6 billion, Prime Minister Carney has announced comprehensive countermeasures targeting American goods. The Canadian response includes dollar-for-dollar retaliatory tariffs ranging from 15% to 50% on US products, alongside C$7.5 billion in support programs for affected workers and businesses. What relief measures and remission frameworks are available to Canadian importers navigating this escalating trade dispute?
CanadaInternational Law
Bennett Jones LLP
Bennett Jones LLP
Article

Canada Launches Responsible Data Centre Development Principles: What Clients Need To Know

Canada has introduced a new national framework setting expectations for data centre infrastructure development, with 42 major industry signatories including Amazon, Google, Meta, Microsoft and NVIDIA. The Principles establish five core requirements covering local benefits, electricity cost allocation, environmental impacts, transparency and strategic value, though their practical implementation will depend heavily on provincial and municipal policy decisions.
CanadaGovernment, Public Sector
Bennett Jones LLP
Bennett Jones LLP
Article

OPC Issues New PIPEDA Guidance On Assessing Third-Party Service Providers

Canada's privacy regulator has released new draft guidance establishing comprehensive due diligence standards for organizations evaluating third-party service providers under PIPEDA. The framework introduces eleven best practices covering everything from data flow mapping and AI training data sourcing to vendor lock-in risks and ongoing monitoring obligations, signaling heightened expectations for privacy accountability in vendor relationships.
CanadaPrivacy
Bennett Jones LLP
Bennett Jones LLP
Article

Notice Concerning The Quota For Imports Of Chinese Electric Vehicles

The Government of Canada has introduced new rules governing the second allocation period for electric vehicle imports from China, increasing the available quota to 33,397 vehicles while maintaining strict permit requirements and a first-come, first-served allocation system. Global Affairs Canada signals potential intervention measures to ensure equitable access, particularly for original equipment manufacturers and new market entrants navigating this highly regulated import regime.
GlobalInternational Law
Bennett Jones LLP
Bennett Jones LLP
Article

Government Of Canada Reduces The Scope Of The Project List Under The Impact Assessment Act

The Government of Canada has amended the Physical Activities Regulations, removing certain intraprovincial energy projects and facilities regulated by the Canada Energy Regulator from the federal Impact Assessment Act's Project List. This regulatory change eliminates automatic federal oversight for fossil fuel-fired power plants and specific oil sands facilities, while transferring assessment responsibilities for interprovincial pipelines and transmission lines to the Canada Energy Regulator, potentially re
CanadaEnergy and Natural Resources
Bennett Jones LLP
Bennett Jones LLP
Article

Prediction Markets In Canada: A Category-by-Category Regulatory Framework

Canadian regulators have established a category-by-category framework for prediction markets, permitting certain economic and financial event contracts through securities dealers while directing sports and entertainment contracts outside that regime. This emerging approach creates distinct regulatory pathways depending on contract structure and underlying event type, raising critical questions about classification, market integrity, and compliance for platforms, dealers, and financial institutions navigatin
CanadaFinance and Banking
Bennett Jones LLP
Bennett Jones LLP