Financial Services Financial Services

Recent developments in U.S. leveraged finance – November 2017

The fourth quarter of 2017 has given rise to at least three developments of interest to the U.S. leveraged lending community.

The SCC considers who bears the risk of a fraudulent cheque: the drawer or the bank?

In Teva Canada Ltd. v. TD Canada Trust, the Supreme Court of Canada clarified the “fictitious” or “non-existent” payee defence to the tort of...

Canadian government eliminates facilitation payments exclusion in the Corruption of Foreign Public Officials Act

As of October 31, 2017, facilitation payments will no longer be excluded from the bribery offence under Canada’s Corruption of Foreign Public...

Proposed Draft Legislation for Investment Limited Partnerships

The Department of Finance released draft legislation to amend the Excise Tax Act (Canada), which will likely have a significant impact on private...

Canada publishes bail-in regulations

On June 16, 2017, the Canadian federal government published its draft bail-in regulations for public comment. This Update offers a detailed overview...

Canadian government suspends CASL private right of action

The Canadian federal government has announced that it has suspended the coming into force of the private right of action under Canada’s anti-spam...

Canada signs multilateral tax agreement

Canada and 67 other jurisdictions signed the OECD’s multilateral tax convention (referred to as the multilateral instrument or “MLI”) on...

Québec Court of Appeal finds aspects of the proposed co-operative capital markets model unconstitutional

The Québec Court of Appeal has concluded that while the governance framework for the co-operative capital markets regulatory regime is...

Gray v. Gray: Appeal De-listed Pending Decision on Motion to Set Aside Order in Family Court

In Gray v. Gray, the Court of Appeal for Ontario de-listed an appeal from the Superior Court of Justice, Family Court Branch (“Family...

Weir’s Construction Limited v Warford: Newfoundland Court of Appeal applies the new Court of Appeal Rules regulating interventions

In Weir’s Construction Limited v Warford, the Newfoundland Court of Appeal considered an application for intervenor status under Rule 38 of the...