Stikeman Elliott’s 10 most popular updates from 2019

December 16, 2019
As we are approaching the end of the year, we are happy to share with you 10 of our most popular updates from 2019 from our Knowledge Hub. These updates offer valuable insight into key developments affecting Canadian and international businesses. We hope you’ve enjoyed our discussions over the past year and look forward to keeping you informed throughout 2020.

  1. The Umbrella is Open: The Supreme Court of Canada Approves Certification of an All-Purchaser Class in Godfrey

    In September, competition litigator Mark Walli reported on an important price-fixing ruling from the Supreme Court of Canada. In allowing consumers to join the class action who purchased similar goods from manufacturers that weren’t among the alleged conspirators, the Court reasoned that price-fixing could impact prices paid by consumers across an entire market segment.

  2. Proposed Amendments Increase BAR Thresholds to 30% to Reduce Regulatory Burden for Reporting Issuers

    In a development that may reduce compliance costs for some issuers, the Canadian Securities Administrators are proposing to make the triggers for the business acquisition report (BAR) filing requirements for non-venture issuers more flexible. As our Securities Group reported in this September post, the CSA proposal focuses on the application of the “significance threshold” and would not affect venture issuers.|

  3. Indigenous Peoples’ Ownership of Energy Projects

    Our National Energy Group provided this extensive analysis of Indigenous issues in energy project development, particularly in view of Call to Action No. 92 of the Truth and Reconciliation Commission Report. Some recent examples of creative and mutually beneficial approaches to Indigenous participation are discussed.

  4. Increased Diversity Disclosure for CBCA Corporations Coming in 2020

    Beginning in 2020, annual proxy circulars of federally-incorporated public companies must contain expanded diversity information relating to directors and senior management. As Laura Levine of our securities compliance team explained in this post, the new rules look not only at gender diversity but also (for the first time in a corporate context) at visible minorities, indigenous peoples and persons with disabilities.

  5. Legal Operations and Technology Secondment: Learning from Each Other

    This video post looks at a unique collaboration between Stikeman Elliott and Siemens Canada. In 2018, a Siemens legal team member was seconded to our Knowledge Management Group with the goal of bringing some of our KM best practices back to Siemens. In the video, Shawna-Leigh Moulton of Siemens discusses the results of this initiative with Stikeman Elliott partner Andrea Alliston.

  6. Corporate Control Transparency in Canada: CBCA Amendments Require Registers of “Individuals with Significant Control” as of June 13, 2019

    On June 13, amendments to the CBCA requiring federally-incorporated companies to create registers of “Individuals with Significant Control” came into force. This post provides detailed information on how the new “ISC Registers” work and on the law enforcement purposes they are intended to promote.

  7. OSFI Provides New Guidance on Technology and Cybersecurity

    Early in 2019, OSFI, the federal financial institutions regulator, published and implemented guidance on the timely reporting of “technology and cyber security incidents”, defined as incidents that could materially impact a financial institution’s normal operations. Vanessa Coiteux, Stéphane Rousseau and Jérémie Ste-Marie of our Montréal office discussed the requirements and their implications in this post.

  8. New To The Board: Thinking About Continuous Disclosure in the Age of Social Media

    Social media’s impact on continuous disclosure is an increasingly important compliance issue. Toronto-based securities lawyer Chres Lee looked at current CSA guidance and reviewed the key elements of an effective social media policy in this February 2019 post.

  9. Taxes in Share Purchase Agreements: Pre-Closing Tax Liabilities

    In February, John O’Connor of our Tax Group examined how tax issues are handled in share purchase agreements, notably with respect to how tax is dealt with in “working capital” calculations and how tax indemnities are typically used.

  10. Employee Privacy: Right to Access Personnel Files

    The rules surrounding employee access to personnel files were discussed in this post by Toronto employment lawyer Khalfan Khalfan, with particular attention to some of the differences among Canada’s provincial and federal jurisdictions.

    Visit our Knowledge Hub to read more articles on a variety of legal topics and click here to subscribe to our updates.