Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and…
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/ Insurance, International Law & Trade
Following the Canadian Competition Bureau’s 2023 Retail Grocery Market Study in which it recommended that provincial and territorial governments take measures to limit property controls in the grocery industry, including banning…
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/ Antitrust & Trade Regulation, International Law & Trade, Real Estate - Commercial
The Canadian government recently enacted the highly anticipated amendments to the Impact Assessment Act (IAA). These amendments, which came into force on June 20, 2024, address the constitutional overreach in the IAA, as…
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/ Administrative Law, Constitutional Law, Energy & Utilities, Environmental Law, International Law & Trade
In its recent decision, Canada (Attorney General) v Power (Power), a divided Supreme Court of Canada (SCC) confirmed that a government can incur liability for damages under section 24(1) of the Canadian Charter of Rights and…
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/ Administrative Law, Civil Remedies, Civil Rights, Constitutional Law, International Law & Trade
In a historical opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, released at the end of June, the U.S. Supreme Court overturned the “Chevron” doctrine, which for so long had controlled judicial review of…
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/ Administrative Law, Civil Procedure, Securities Law, Taxation
Canada’s Minister of Innovation, Science and Industry (Minister) recently issued a Ministerial Statement on Net Benefit Reviews of Canadian Critical Minerals Companies. Transactions involving important Canadian mining companies…
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/ Environmental Law, Finance & Banking, International Law & Trade
The Canadian government has prioritized the promotion of the domestic electric vehicle (EV) industry, with the objective of establishing Canada as a leader in the global end-to-end EV supply chain. This effort includes providing…
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/ Antitrust & Trade Regulation, Environmental Law, Finance & Banking, International Law & Trade, Transportation
The new Digital Services Tax Act came into force with an order-in-council on June 28, 2024, imposing a 3% digital services tax (DST) on certain Canadian-source digital services revenue of large entities. The DST would first be…
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/ International Law & Trade, Science, Computers, & Technology, Taxation
Parliament recently passed Bill C-59 (the Fall Economic Statement Implementation Act, 2023), which include important changes to Canada’s Competition Act, many of which are now in force. These amendments follow the already…
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/ Antitrust & Trade Regulation, International Law & Trade, Mergers & Acquisitions
In prior bulletins from February 2023 and December 2022, we described a notice from the Internal Revenue Service (IRS) that outlined the rules that the IRS intended to issue with respect to the 1% stock buyback excise tax. This…
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/ Mergers & Acquisitions, Securities Law, Taxation
Davies recently submitted a comment letter in response to public consultations initiated by the Canadian Sustainability Standards Board (CSSB) regarding their draft sustainability and climate disclosure standards, which aim to…
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/ Environmental Law, Finance & Banking, International Law & Trade, Securities Law
When is a board of directors permitted to withhold information from one of its members? Although the Canadian corporate statutes generally grant directors a blanket right to inspect board and committee minutes, there is…
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/ Business Organizations, Commercial Law & Contracts, International Law & Trade, Mergers & Acquisitions
The new policy provides for increased flexibility in the assessment of a supplier’s conduct, but targets a much broader range of situations triggering ineligibility,
Introduction - The Government of Canada recently updated…
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/ Government Contracting, International Law & Trade
Non-U.S. investors are generally subject to U.S. federal income tax on gains from investments in private U.S. real estate investment trusts (REITs). Two exceptions (among others) are for investments in “domestically controlled”…
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/ International Law & Trade, Mergers & Acquisitions, Real Estate - Commercial, Real Estate - Residential, Taxation
In a unanimous decision recently released in Canadian Broadcasting Corp. v Named Person, the Supreme Court of Canada (SCC) allowed, in part, the appeal from the Court of Appeal of Québec (QCA), which had sealed virtually all the…
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/ Civil Procedure, Communications & Media Law, Constitutional Law, Criminal Law, International Law & Trade
