Joyce M. Bernasek

Bank error in your favour – The $900 million wire transfer mistake: Practical implications in the Canadian lending context

In August 2020 an unprecedented black swan event occurred when Citibank N.A. (Citibank), acting as an administrative agent in a loan facility,...

LIBOR endgame announced

The U.K.’s Financial Conduct Authority and ICE Benchmark Administration issued key announcements with regard to the future cessation and loss of...

New changes to the CDOR benchmark are on the horizon

Refinitiv, the administrator of the Canadian Dollar Offered Rate (CDOR), announced on November 12, 2020, that it will abandon the application of the...

Credit agreement best practice – LIBOR cessation

Learn about preparations for LIBOR cessation in the context of credit agreements, including best practices recommended by the Alternative Reference...

Canadian investment markets turning green: Sustainable finance and green lending

Global recognition of the importance of environmental, social and governance (ESG) considerations among investors and firms has prompted an emerging...

Alert to borrowers and lenders: Significant changes to lessee accounting standards

Effective for accounting periods starting January 1, 2019, International Financial Reporting Standards 16 has replaced International Accounting...

Ontario Court of Appeal rules on use of annualizing formulas in debt documents

Established commercial practice prevails in the Ontario Court of Appeal’s recent decision in Solar Power Network Inc. v. ClearFlow Energy Finance...

A new KYC requirement may be coming to a credit agreement near you

On May 11, 2018, the US Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued the Customer Due Diligence Requirements for...

PPSA debtor notices: The notice may not be in the mail

The effect of the amendment is to allow the debtor to waive the requirement in the PPSA for a secured party to provide a copy of a verification...

European Union bail-in rules: Implications for Canadian lenders and borrowers

The European Bank Recovery and Resolution Directive 2014/59 came into force on January 1, 2016. Osler partner Joyce Bernasek outlines the key...