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Canada Investment Management

Stikeman Elliott LLP

Setting the Stage: CSA Prepare for Canada’s Business Conduct Regime for OTC Derivatives Dealers and Advisers

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The Canadian Securities Administrators (“CSA”) have released a few updates this summer regarding National Instrument 93-101 Derivatives: Business Conduct and its companion policy (collectively, the “Business Conduct Rule”)....more

Stikeman Elliott LLP

EMDs Can Now Participate in Prospectus Offerings

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The securities regulators in Alberta, British Columbia, New Brunswick, Nova Scotia, Ontario, Québec and Saskatchewan have published a temporary exemption that allows exempt market dealers (“EMDs”) to participate in prospectus...more

Stikeman Elliott LLP

CIRO Embarks on Phase 3 of its Rule Consolidation Project and Proposes Integrated Fee Model

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The Canadian Investment Regulatory Organization (“CIRO”) recently published for comment proposals relating to Phase 3 of its rule consolidation project (the “Rule Consolidation Project”) as well as a new integrated fee model...more

Stikeman Elliott LLP

OSC and AMF Assess Independent Review Committees for Investment Funds

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The Ontario Securities Commission (“OSC”) and the Autorité des marchés financiers (“AMF”, and together with the OSC, the “Regulators”) recently completed a continuous disclosure review (the “CD Review”) related to independent...more

Stikeman Elliott LLP

Pleading Breaches of Fiduciary Duties in Class Proceedings: Court of Appeal Keeps the Bar Low in Ontario

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In Boal v International Capital Management Inc.(“Boal”), the Ontario Court of Appeal (the “Court”) considered the pleading requirements for certification of a breach of fiduciary duty cause of action. In holding that it was...more

Stikeman Elliott LLP

CSA Propose Binding Dispute Resolution Framework for Retail Client Complaints

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The Canadian Securities Administrators (“CSA”) have proposed amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (“NI 31-103”) and changes to its companion policy...more

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CIRO Moves Forward with Phase 2 of its Rule Consolidation Project

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The Canadian Investment Regulatory Organization (“CIRO”) recently published for comment proposals relating to Phase 2 of its rule consolidation project (the “Rule Consolidation Project”), which is designed to bring together...more

Bennett Jones LLP

Canada's M&A Landscape Q3 2023: Special Edition on Energy

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In this special edition of Bennett Jones' quarterly M&A update, we look at deal activity in Canada's energy sector and what the key takeaways from WPC might tell us about what's to come....more

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Continuation Funds: ILPA Updated Guidance

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The Institutional Limited Partner Association (ILPA) published new guidance on May 15, 2023, relating to continuation funds. The guidelines build on ILPA's prior (2019) guidance on best practices for GP-led secondary fund...more

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Fintech 2023

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Canadian fintech industries, particularly digital payments, digital trading, robo-advising and open banking, continued to experience significant growth until 2022. The pace of innovation had been accelerated by expansive...more

Bennett Jones LLP

Canada's M&A Landscape Q3 2022: It's Not If, It's When

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While Canadian M&A activity slowed in Q3, many companies and investors continue to have the appetite and capital to do M&A transactions, including private equity funds who continue to seek accretive opportunities to deploy...more

Bennett Jones LLP

Government of Canada Issues Policy Statement Impacting Russian Foreign Investment in Canada

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On March 8, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry issued a policy statement advising non-Canadian investors and Canadian businesses to review their investment plans...more

Bennett Jones LLP

Supreme Court Reaffirms Low Bar for Authorizing Class Actions in Québec

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On October 30, 2020, a six-judge majority of the Supreme Court of Canada confirmed, in Asselin v Desjardins Cabinet de services financiers inc, 2020 SCC 30, that a class action concerning allegedly misleading investment...more

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A Reprieve From Onerous Corporate Regulations for Private Equity in British Columbia

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Two weeks before implementation, potentially onerous new burdens for private investment funds that use a British Columbia company have been removed. Proposed amendments to the Business Corporation Act (BCA) would have applied...more

Bennett Jones LLP

Will COVID-19 Ignite Private Equity's Dry Powder?

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The COVID-19 pandemic has pushed global financial markets into a prolonged period of volatility and uncertainty (see our article on the impact of COVID-19 on M&A deal flow), reminiscent of the 2007-08 financial crisis. Many...more

Blake, Cassels & Graydon LLP

Cour d’appel de l’Ontario : nouvelle obligation de diligence pour les gestionnaires de fonds d’inves

Une décision récente de la Cour d’appel de l’Ontario (la « Cour d’appel »), rendue dans l’affaire Wright v. Horizons ETFs Management (Canada) Inc. (« Horizons »), ouvre la porte à une nouvelle obligation de diligence de...more

Blake, Cassels & Graydon LLP

Court of Appeal Opens Door to New Common Law Duty of Care for Investment Fund Managers

The recent decision of the Court of Appeal for Ontario (Court of Appeal) in Wright v. Horizons ETFs Management (Canada) Inc. (Horizons) opens the door for a new common law duty of care for investment fund managers. The...more

Bennett Jones LLP

CSA Proposes a Modernized National Filing System for Reporting Issuers

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On May 2, 2019, the Canadian Securities Administrators (CSA) announced that it is seeking comments in respect of a proposed streamlined and integrated national information and filing system for capital market participants...more

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Changes Coming to Non-GAAP and Other Financial Measures Disclosures Regime

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On September 6, 2018, the Canadian Securities Administrators (CSA) published a Notice and Request for Comment (the "Notice") regarding Proposed National Instrument 52-112 Non-GAAP and Other Financial Measures Disclosure (the...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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In a closely watched battle over the DOL’s new fiduciary rule for retirement account investment advisers, the Labor Department has scored an early first victory. A DC federal judge ruled late last week that the rule at issue...more

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