Osler Legal Outlook

In this article — It’s debatable: unresolved corporate governance issues impacting 2025 — we discuss the importance of adopting best practices in the areas of corporate governance which are currently being scrutinized and debated. With diversity, equity and inclusion, for example, companies should review their policies and practices to ensure they comply with applicable human rights legislation. C...

In this article — "The landscape for Internet gaming in Canada evolves" — we discuss the heightened interest from provincial governments in creating a regulatory framework for responsible gaming following Ontario’s success. Opening up the market will create greater opportunities for revenue generation. The gaming regulatory landscape is expected to rapidly evolve in the coming years. Thi...

In this article — Businesses facing increasing costs for supply chain compliance — we review the Modern Slavery Act and its implications for business reporting obligations. With increasing global attention to this issue, it is important for businesses to establish policies and procedures setting clear expectations for all representatives to act ethically at all times. Further legislation requiring...

In this article — Highlights of the new Competition Act and pending changes for foreign investment — we review recent amendments to the Competition Act and anticipated changes to foreign investment laws. The Competition Act amendments greatly expand the private enforcement of Canada’s competition laws. Increasing penalties for noncompliance can be expected. This article is authored by Shuli Rodal,...

In this introduction, we share insights on key legal developments in 2024 and their implications for Canadian business. The highlights covered here are further explored in the 30 articles that make up this report. This introduction is authored by James Brown, who is a partner in our Corporate practice, and Jacqueline Code, partner and Chair, Research. Osler Legal Outlook is brought to you by Osler...

In this article — “Privacy and data-related law reform to continue in 2025” — we discuss the significant reform of privacy legislation at the federal and provincial levels in Canada. Key topics include enhanced enforcement regimes, new requirements for compliance, and internal governance mechanisms for businesses. This article is authored by Adam Kardash, Co-Chair and partner with Osler’s Privacy...

In this article – “Impact of transparency register requirements on financial sponsors” – we look at the expansion of corporate ownership disclosure requirements in jurisdictions across Canada and the steps private equity and venture capital firms should take to ensure continued compliance. This article is authored by Alex Gorka, a partner and Co-Chair of the Mergers and Acquisitions group; Hugo-Pi...

In this article – “Private equity: developments in subscription line lending” – we examine five emerging trends in the use and terms of subscription lines, or capital call facilities, that both investors and lenders in the fund finance market should consider heading into 2024. This article is authored by Chris Bennett, a partner and Chair of the Financial Services practice; Brett Anderson, who is...

In this article – “Private to public and back again” – we look at the dramatic change in the number of companies that have completed initial public offerings in the last six years, how they are performing now and examine the strategic considerations of a going private transaction.  This article is authored by Jeremy Fraiberg and Alex Gorka, partners in the Corporate Group and Co-Chairs of the Merg...

In this article – “Transfer pricing proposals infuse Canada’s tax laws with OECD concepts” – we review recent draft legislative amendments relating to transfer pricing rules and the potential for these changes, if implemented, to harm Canada’s competitiveness.  This article is authored by Amanda Heale, who is a partner with our Tax Group, and by Kaitlin Gray, an associate with the same Group. Osle...

In this article – “Looking forward on clawbacks” – we look at the latest developments around clawback policies and what issuers on U.S. stock exchanges should be reviewing as they head into 2024.  This article is authored by Lynne Lacoursière and Andrew MacDougall, both partners in the Corporate practice, as well as Kelly O’Ferrall, a partner in the Employment and Labour Group. Osler Legal Outlook...

In this article – “Corporate governance focuses on the who, what and how” – we take a look at the new requirements boards need to be mindful of when it comes to diversity and inclusion, supply chains, climate change and more.  This article is authored by John Valley, partner, Corporate and Chair, Environmental, Social and Governance (ESG) and Andrew MacDougall, a partner in the Corporate Group. Os...

In this article – “Energy transition ushers in compensation claims for shifting land use plans” – we look at how the move to more sustainable energy production has changed the demands on land use planning. The article examines the law of constructive taking, which is complex and requires a sophisticated litigation strategy when dealing with high profile disputes against governments.  This article...

In this article – “White-collar enforcement will continue to take shape in 2024” – the authors examine various emerging issues including developments in anti-bribery and corruption enforcement as well as changes to the anti-money laundering and anti-terrorist financing regime in Canada, and changes in supply chain and human rights law.  This article is authored by Lawrence Ritchie, partner, Litiga...

In this article – “A robust protection: maintaining solicitor-client privilege” – we review how courts across the country have shed light on the parameters of the doctrine of solicitor-client privilege and how this privilege remains a cornerstone of our legal system.  This article is authored by Emily MacKinnon, who is a partner in our Litigation practice, and by Heather Mallabone, an associate in...

In this article – “Capital markets enforcement: innovative, and controversial, new directions” – we review capital markets regulatory and enforcement trends in 2023 and how the increasing regulatory focus on developing innovative enforcement tools may indicate further regulatory action in the years to come.  This article is authored by Lawrence Ritchie, a partner and Chair, Risk Management and Cri...

In this article – “Digital assets and blockchain: the year of maturation” – we look at the various events that impacted the digital currency sector in the last 12 months and at how the market responded, including regulators as they reacted and provided their guidance. The authors also look forward to what may be coming for this area of law in the year ahead.  This article is authored by Matthew Bu...

In this article – “A new era for the Canadian GAAR” – we review the important role Canada’s general anti-avoidance rule (GARR) has played over the years in preventing abusive tax avoidance, along with the federal government’s proposed material changes aimed at “modernizing” the GAAR.  This article is authored by Pooja Mihailovich, partner, and Leandra Gupta, an associate with the Tax Group.  Osler...

In this article – “What if you face a class action even though no one was harmed?” – the authors examine a recent development that sees plaintiffs pursuing class action claims even when there has been no clear injury experienced by any of the parties. The authors provide some helpful recommendations for businesses to mitigate risk in the event of such action.  This article is authored by Laura Fri...

In this article – “Navigating the future of remote work” – we review developments related to remote work and the operational and legal compliance challenges these arrangements pose for employers. This article is authored by Steven Dickie, partner, Employment and Labour; Kelly O’Ferrall, partner, Employment and Labour; and Sneha Ajai, associate, Employment and Labour. Osler Legal Outlook is brought...

In this article – “Strengthening Canada’s national security review regime” – we examine the emphasis being placed on national security when it comes to foreign investment in Canada and what is changing for 2024 and beyond for non-Canadians seeking to invest in Canada.  This article is authored by Shuli Rodal, partner and Chair, Competition/Antitrust and Foreign Investment, Kaeleigh Kuzma and Miche...

In this article – “Ch-ch-changes: navigating the shifting tides of Canadian competition law” – we review the various changes to the Competition Act implemented in the last year as well as additional amendments proposed that, if implemented, will have far-reaching consequences for business, including an increase in enforcement by various parties. This article is authored by Shuli Rodal, partner and...

In this article – “Supply chains, ‘friend-shoring’ and cooperation with allies” – we review supply chain challenges which have emerged from ongoing geopolitical instability, inflation, monetary policy and other social and economic factors, and the policy and regulatory measures Canada is expected to adopt to address these challenges.  This article is authored by John Valley, who is a partner and C...

In this article – “Online streaming and news laws advance federal government’s digital agenda” – we examine the government’s ongoing efforts to modernize Canada’s broadcasting laws, new powers granted to the CRTC, the requirement for dominant online platforms to pay for news content and the mounting pressure for an online safety framework that we expect to see in 2024.  This article is authored by...

In this article – “The wave of privacy and data legislation reform will continue in 2024” – we look at how privacy and artificial intelligence was a focus in the last year, and how the introduction of additional new privacy legislation such as Québec’s Law 25 should be well understood by those doing business in the province. This article is authored by Adam Kardash, partner and Chair, Privacy and...