Nouvelles et médias

Cabinet canadien de premier plan, Osler, Hoskin & Harcourt S.E.N.C.R.L./s.r.l. estime qu'il est de sa responsabilité de contribuer à informer le public et les médias au sujet des lois, de l'actualité juridique et de l'exercice de la profession d'avocat.

Notre section Centre des médias peut aider les rédacteurs, les journalistes et les autres membres des médias à trouver un expert juridique en mesure de leur fournir le contexte et l’information dont ils ont besoin sur des sujets en droit des affaires canadien.

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OSC’s Crowdfunding Proposal Receives Favourable Comments

As noted by The Globe and Mail, Osler lawyers have selected the more salient stakeholder responses to important questions posed in the OSC consultation paper on raising equity through crowdfunding. 

17 mai 2013

Ottawa still pursuing formation of a national securities regulator

Jeremy Fraiberg talks to Lexpert about the government’s efforts to form a national securities regulator. “Hopefully there will be a common securities regulator agreed to by a core group of provinces,” he says. 

16 mai 2013

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

The National Post quotes analysis by Osler lawyers on the Ontario Appeal Court decision in Kawartha Lakes, saying that  the decision “confirms that the MOE may turn to innocent landowners when pursuing its ultimate goal of protecting the environment, even if this leads to ‘unfair’ outcomes against innocent parties.” 

14 mai 2013

Proposal to expand definition of state-owned enterprise in the ICA goes further than expected.

The National Post, reviewing analysis by Osler partner Shuli Rodal, notes that Bill C-60 removes the “safe harbour” that enables foreign companies to acquire less than one-third of voting shares or a minority interest in a partnership or joint venture, without prompting an Investment Canada review. 

9 mai 2013

Court of Appeal Overturns Pet Valu Decision: Class Members Can Openly Debate Opting Out Without Invalidating Opt-Out Period

“This landmark decision highlights class members’ rights to debate whether or not to opt out of a class action and provides further clarity on the line between persuasive debate and coercive communication,” write Jennifer Dolman, Gillian Scott and Mary Paterson of Osler, Hoskin & Harcourt LLP. 

8 mai 2013

Ontario government considers suspending time limit for seeking court permission to proceed with a class action

Osler securities lawyer Larry Lowenstein says that it is “unfortunate” the government has said it will watch the outcome of current cases and then make amendments to suspend the time limits if necessary, because it gives the impression the government is signalling to the court what decision should be made. “The government has stepped in and in effect put its thumb on the scale on the side of the plaintiffs, and that’s a political decision.” 

8 mai 2013

Government proposal will add considerable uncertainty to the foreign investment review process

Osler partner Shuli Rodal said the proposed amendments to the Investment Canada Act remove “safe harbour” assurances that allow foreign companies to acquire less than one-third of voting shares, or a minority interest in a trust, partnership or joint venture, without triggering Investment Canada review. 

6 mai 2013

Proposed amendments to the ICA introduce a new level of uncertainty into the government’s treatment of proposed investments by state-owned enterprises

According to Matthew Anderson, the proposed legislation would go so far as to empower the Ministry of Industry to determine whether or not an entity is controlled by one or more SOEs and whether a transaction or series of transactions in fact amount to an acquisition of control.

3 mai 2013

Securities regulators have proposed changes to the rules governing poison pills

In an interview with Lexpert magazine,“ Clay Horner, Chair of Osler, Hoskin and Harcourt Canadian, says that Canadian boards will still have to look for a white knight because they can’t be sure just what the shareholders will do. US boards can keep hostile bidders at bay for well over a year, so that puts a lot of pressure on acquirers to negotiate.” 

May 2013

Increased shareholder activism is here to stay

Tim Hortons is the latest in a growing list of companies targeted by U.S. shareholder activists. Andrew MacDougall explains the cause, saying “What we’re seeing here is a shift, a change that is going to be lasting with legs beyond this market environment.” 

1 mai 2013