The Nominee-Director Dilemma
August 10, 2020
The COVID-19 pandemic forces businesses to make significant and, at times, difficult decisions. In the current context, businesses may need to incur additional indebtedness or seek further equity investments, which can create opportunities. Looking at the decision-making process of corporations through the lenses of an institutional or private equity investor, this bulletin serves as a refresher with respect to the duties, responsibilities and liabilities of nominee directors and investors.
Business as Unusual: New Realities, New Possibilities- A Roadmap for Business Leaders
The novel coronavirus began as a public health crisis but has quickly become an unprecedented socio-economic crisis, affecting our way of life and business across all industries and all sectors of the economy.
Looking ahead, we expect the economic impact of the COVID-19 emergency to unfold in three distinct phases, each of which will present distinct challenges and potential opportunities.
A New Leadership Paradigm for a New Work Economy
June 25, 2020
A recent panel discussion co-hosted by McCarthy Tétrault LLP and Deloitte Canada surfaced important leadership principles for today’s executives who are facing a paradigm shift in the work economy. The juxtaposition of the pre-COVID work environment and the emerging new work economy, have left many scrambling to adapt their leadership style to the “Future of Work” which arrived sooner than anyone could have predicted.
Long-standing management principles have been flipped on their heads. To manage at the pace of change, leadership will need to be just as flexible and agile.This article explores how the most effective business leaders are shifting their approaches and mindsets to stay ahead of the curve.
CSA Streamlines Rules for At-The-Market Offerings
June 15, 2020
The Canadian Securities Administrators published final amendments to National Instrument 44-102 - Shelf Distributions, that, among other things, eliminate the requirement to obtain exemptive relief from certain regulatory requirements necessary for issuers who wish to conduct at-the-market offerings in Canada.
CSA issues additional temporary relief to investment funds and non-investment fund issuers for certain regulatory filing deadlines
May 26, 2020
On May 20, 2020, the Canadian Securities Administrators (the “CSA”) released two blanket orders that would provide temporary relief to investment funds and non-investment fund issuers for certain regulatory filing deadlines.
CSA Publishes Guidance on Continuous Disclosure Obligations in the Context of COVID-19
May 13, 2020
On May 6, 2020, the Canadian Securities Administrators published a presentation with MD&A, financial information and material change guidance on the application of continuous disclosure obligations and considerations for issuers in the context of COVID-19. Our recent blog post on the subject summarizes and adds our insight on the key elements discussed in this presentation.
What’s happening in shareholder activism in Canada?
May 11, 2020
Partners from our M&A Group discuss the state of shareholder activism in Canada in the wake of the COVID-19 pandemic.
Shareholder Meeting Procedure in a Virtual Age – What to Expect
May 1, 2020
This proxy season, many Canadian public companies will be conducting their annual shareholder meetings in a virtual-only format for the first time. This article sets out certain considerations regarding the conduct of a virtual meeting and discusses how meeting rules and procedures may be applied in this context.
ISS and Glass Lewis Provide Guidance in Response to the COVID-19 Pandemic
April 20, 2020
In light of the COVID-19 pandemic, Institutional Shareholder Services (ISS) and Glass Lewis have provided guidance on the application of some of their voting policies for the upcoming proxy season. This article summarizes the approach taken by the proxy advisory services with respect to certain corporate governance issues relevant to Canadian issuers.
Considerations for Directors During the COVID-19 Pandemic
April 5, 2020
As the COVID-19 pandemic continues to affect Canadian businesses in a significant manner, corporations face a range of challenges. This articles addresses considerations for directors and outlines their duties and responsibilities in light of such challenges.
IIROC offers limited discretionary exemption relief from IIROC rules to address COVID-19 situation
April 1, 2020
The IIROC Board of Directors approved the offering of time-limited exemptive relief in a number of areas to IIROC Dealer Members who are experiencing difficulties in complying with certain IIROC rules as a result of the COVID-19 situation. IIROC has elected to follow a case by case application-based approach where the applicant will have to make a showing that the relief is driven by the COVID-19 situation and that the spirit of the IIROC rule from which exemption is sought is being respected.
TSX Grants Temporary Relief for Listed Issuers From TSX Company Manual Requirements in Response to COVID-19 Pandemic
March 24, 2020
Leading lawyers from our Canadian Securities Regulatory Monitor blog, including partners Patrick Boucher, Wendi Locke, Andrew Parker and Sonia Struthers, discuss the TSX Staff Notice issued March 23, 2020 regarding certain blanket relief measures that issuers can rely on amidst the COVID-19 pandemic.
The World Needs Startups During the COVID-19 Crisis
March 23, 2020
In these times of uncertainty, MT>Ventures partners, Aliya Ramji and David Frost, explain the crucial role startups play during a crisis like COVID-19 and how they can cope with the challenges arising from the pandemic.
CSA issues guidance re continuous disclosure deadlines amidst COVID-19 pandemic
March 16, 2020
On March 16, 2020, the Canadian Securities Administrators (the “CSA”) issued a press release regarding a reporting issuer missing filing deadlines amidst the COVID-19 pandemic.
Going the distance… or not: How holding virtual AGMs can help Canadian issuers navigate the COVID-19 crisis
March 12, 2020
In this post from our Securities Regulatory Monitor blog, leading lawyers including partners Clemens Mayr and Charles-Antoine Soulière, discuss how Canadian issuers can consider whether or not to hold virtual AGMs for the upcoming proxy season in response to the COVID-19 outbreak.
Dans l'épisode 4 (In French only) : Rester positif en temps de crise, Chrystelle Chevalier-Gagnon discute avec Dre Tina Montreuil, professeure adjointe au département de psychologie de l’Université McGill et clinicienne spécialisée dans les troubles anxieux, d’anxiété et de résilience devant l’inconnu et l’incertitude causée par la crise actuelle
COVID-19 Response Planning
We look forward to you joining us online for our panel discussion on navigating the risks associated with the COVID-19 outbreak and to answer your most pressing questions.
Annual General Meetings
In response to public health and safety concerns arising from the COVID-19 outbreak, many public companiesmustexplore innovative optionsfor holding their Annual General Meetings in orderto meet their legalrequirements. The options available come with uniquechallenges andrisks. Let us provide the legal guidance needed to properly evaluate the optionsand mitigate riskso that you can decide whatis best for your organization.
COVID-19 Response Checklist
We have developed an integrated, issues-driven checklist as a framework for considering how to respond to the effects of COVID-19. The checklist will be tailored to businesses and industries, ensuring that organizations consider the impacts most relevant to them in approaching recovery and reshaping your business to ensure long-term business success.