ArticleHybrid Debt Structure For Public IssuersA recent public issuance of hybrid debt provides an innovative opportunity for public entities seeking to raise funds. CanadaEnergy and Natural ResourcesStikeman Elliott LLP
Article2010-2011 Canadian Capital Markets Report: Looking Back, Looking Forward2010 will be remembered as the year the high-yield market came to Canada and the IPO market returned. CanadaFinance and BankingDavies Ward Phillips & Vineberg LLP
ArticleCSA Announces Updated Exemptions From Filing Requirements During Switch To SEDAR+On July 17, 2023, Canadian Securities Administrators (CSA) announced updated exemptions from certain securities law filing requirements in connection with the transition from the existing System...CanadaFinance and BankingGoodmans LLP
VideoDifferent Types Of Entities Lenders May Encounter: General Partnerships (Video)Partnerships can be structured in the form of a general partnership or limited partnership. In most general partnerships, each partner is fully liable for the debts, liabilities, and obligations...CanadaFinance and BankingGowling WLG
ArticleOSC Releases Draft Statement Of PrioritiesThe Ontario Securities Commission (OSC) has released its annual draft Statement of Priorities for 2024-2025 (SoP).CanadaFinance and BankingBorden Ladner Gervais LLP
ArticlePriorities Matter – But That's Not All That Matters!Often, when the parties to a financing are discussing priorities or intercreditor arrangements, there tends to be a simplistic view taken of these agreements.CanadaFinance and BankingWeirFoulds LLP
ArticleProposed Federal "Securities Act" Referred to the Supreme Court of CanadaOn May 26, 2010, the Government of Canada released a proposed federal "Securities Act" and concurrently referred the Act to the Supreme Court of Canada for an opinion on whether it falls within the legislative authority of the Parliament of Canada. CanadaFinance and BankingBorden Ladner Gervais LLP
ArticleQuébec Court Of Appeal Affirms The Importance Of Strict Interpretation Of Margin AgreementsIn a recent decision, the Québec Court of Appeal affirmed that there are strong public policy reasons to uphold the contractual rights of full-service investment dealers under margin agreements.CanadaFinance and BankingTorys
ArticleReminder: Investors May Be Required To File Beneficial Ownership Reports With The SEC By February 17, 2009Investors who beneficially own more than 5% of a class of voting equity securities of an SEC-registered issuer may need to file a report with the SEC by February 17, 2009. CanadaFinance and BankingTorys
ArticleSay On Pay Comes To CanadaIn recent weeks, proposals to adopt “say on pay” have been approved at annual shareholder meetings or adopted by management at Canadian Imperial Bank of Commerce, Royal Bank of Canada, The Bank of Nova Scotia, Bank of Montreal, National Bank of Canada and the TMX Group Inc. CanadaFinance and BankingBorden Ladner Gervais LLP
ArticleSome Benefits Of Independent Legal AdviceIt is well established that having a personal guarantor obtain independent legal advice before signing a guarantee is not an essential element to the enforceability of a guarantee by a lender. CanadaFinance and BankingGowling WLG
ArticleUpdate On CSA Consultation Paper 25-401: Potential Regulation Of Proxy Advisory FirmsAs we discussed in a previous bulletin, on June 21, 2012, the Canadian Securities Administrators published Consultation Paper 25-401: Potential Regulation of Proxy Advisory Firms (the "Consultation Paper") to provide a forum for discussion of certain concerns raised about the services provided by proxy advisory firms and their potential impact on Canadian capital markets and to determine if, and how, these concerns should be addressed by the CSA.CanadaFinance and BankingFasken
ArticleTSX-V Policy Amendments To Minimum Pricing And Capital Structure RulesOn August 14, 2013, the TSX Venture Exchange published policy amendments to replace certain temporary pricing relief measures related to private placements, which were implemented last year and set to expire on August 31, 2013.CanadaCorporate/Commercial LawBorden Ladner Gervais LLP
ArticleOSC Allows Shareholder Rights Plan To Stay In Place To Defeat Partial BidOn May 11, 2009, the OSC released a decision dismissing an application by Pala Investments Holdings Limited and its subsidiary to cease trade two shareholder rights plans of Neo Material Technologies Inc.CanadaFinance and BankingBorden Ladner Gervais LLP
ArticleChoosing The Right Mortgage Enforcement Remedy In OntarioIn the realm of mortgage enforcement, lenders who are faced with a borrower's default have an array of remedies at their disposal. CanadaFinance and BankingGardiner Roberts LLP
ArticleLook Before You List: TSX Issues New Guidance To Listing ApplicantsThe Toronto Stock Exchange (TSX) recently issued Staff Notice #2013-0003 providing guidance to companies applying to list on the TSX. CanadaFinance and BankingMcMillan LLP
ArticleTorys On Budget 2025: Supporting Innovation In Financial ServicesTechnology-led innovation in the Canadian financial sector is transforming the way Canadians access and use financial products and services.CanadaFinance and BankingTorys
ArticleCSA Invites Comments On Proposed Pilot Project For Semi-annual Financial ReportingThe Canadian Securities Administrators (CSA) have released for comment a proposed multi-year pilot project that would allow certain venture issuers to voluntarily adopt semi-annual financial reporting (SAR Pilot)...CanadaCorporate/Commercial LawMLT Aikins LLP
ArticleIIROC Releases Final Guidance For Enhanced Underwriter Due Diligence Of Public OfferingsOn December 18, 2014, the Investment Industry Regulatory Organization of Canada (IIROC) released its final Guidance Note 14-0299 (the Guidance), which sets out suggested principles and practices that should be followed by Dealer Members conducting due diligence in public securities offerings.CanadaCorporate/Commercial LawBorden Ladner Gervais LLP