International arbitration report - October 2015

In this issue we discuss the Comprehensive Economic and Trade Agreement between Canada and the EU, which is being negotiated during a period of increased debate about the merits of investment treaty dispute settlement mechanisms. Our interview is with Lim Seok Hui, the chief executive of SIAC; we find out her views on Singapore’s new mediation centre (SIMC).
Read more

What Does the Ontario Retirement Pension Plan Announcement Mean for Your Organization?

On August 11, 2015, the Ontario government made additional announcements regarding the Ontario Retirement Pension Plan, expected to be introduced in 2017. Ontario continues to move forward with its commitment to introduce the ORPP in order to provide a predictable source of retirement income for Ontarians. This announcement is worthy of immediate consideration, given that the introduction of the ORPP could impact your organization as early as January 1, 2017.
Read more

Indalex Pension Decision Considered by Ontario Court of Appeal

Following the 2013 Supreme Court of Canada decision in Sun Indalex Finance, LLC v. United Steelworkers, creditors and their advisors have been closely following jurisprudence which considers the scope of the decision. In this Osler Update, Kevin Morley looks at the Ontario Court of Appeal’s much-anticipated decision in Grant Forest Products Inc. v. The Toronto-Dominion Bank, which represents a clear narrowing of some of the broader interpretations of Indalex.
Read more

Oil and Gas Operators’ Liens: Protecting the Operator’s Interests

Operators’ Liens typically provide that the operator, processor or transporter, as applicable, is granted a first priority lien and charge over the subject matter of the agreement (i.e., the joint lands, the production and/or the joint equipment). However, the situation often becomes more complicated once that joint owner or producer files for creditor protection under the Companies’ Creditors Arrangement Act.
Read more

Foreign Investment Review and Investment Canada Act Update: Significant Developments in National Security Reviews under the ICA

Two recent developments highlight the significance and rapidly changing nature of national security considerations in reviews under the Investment Canada Act (the ICA): · In mid-June Industry Canada was reported to have blocked a Chinese state-owned enterprise (SOE), Beida Jade Bird, from building a $30 million fire alarm manufacturing facility in Saint-Bruno de Montarville, Quebec on national security grounds, due to the proximity of the proposed facility to a site operated by the Canadian Space Agency. · Later in June Paladin Energy Ltd.
Read more

Recent Developments in Canadian Foreign Anti-Bribery Law

Canada, like other jurisdictions, has had in place for several years anti-bribery and corruption legislation – the Corruption of Foreign Public Officials Act (the “CFPOA”) – that prohibits payments made (or offered to be made) to foreign officials for the purposes of obtaining a commercial advantage. While Canadian authorities have been less active than those in the United States and the United Kingdom in the enforcement of foreign anti-bribery legislation, high profile guilty pleas, the highly publicized laying of CFPOA charges against a prominent Canadian engineering company earlier this ye
Read more

KPMG's Financial Services M&A Digest Recent Transaction Announcements, March 2015

KPMG’s Global Deal Advisory practice is pleased to present you its perspectives on 2015 M&A trends for both the banking and insurance sectors. Our publication pertaining to the banking sector presents both a look-back on our top ten predictions of 2014, which for the most part came to pass along with some surprises, together with our predictions for 2015 – many of these are, in our view, a continuation of 2014 as solid foundations were established.
Read more

Canada’s #1 ranked Restructuring Practice for the 14th Year!

For the 14th year in a row, Goodmans’ Corporate Restructuring Team has been ranked by Chambers Global as the #1 restructuring practice in Canada. Since 2001, Goodmans’ restructuring practice has been the sole recipient of the Guide’s highest ranking. With more lawyers listed than any other firm in the category of Restructuring / Insolvency, Chambers continues to recognize the team for its leading position in exploring strategic alternatives for a broad range of clients. Our success is directly attributable to the strong support of our clients.
Read more