As Canada and the United States wrap up more than two years of work on the Canada-United States-Mexico Agreement (CUSMA), one pressing question remains for the cross-border business community—what can we expect after NAFTA? The answer rests not in Washington, D.C. nor Ottawa, but in state and provincial capitals throughout North America. Before turning to …
The Limits to Class Action Privacy Claims in Ontario
Since the Ontario Court of Appeal’s decision in Jones v Tsige,[1] creating an Ontario version of the tort of invasion of privacy called “intrusion upon seclusion”, privacy-related class actions have emerged as a growth area. Many of these have focused on the institutional release of personal information and some have been successfully certified.[2] However, a …
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Are Canadian Franchises Ready to Expand Internationally?
Historically, Canadian franchisors have not ventured into foreign markets in great numbers. When they have, it has mostly been to the massive, franchise savvy, U.S. market, with very mixed results. However, times have changed. Today, we see more international expansion from Canadian franchisors, and more are expected in the future. What is causing this change? …
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WSIB’s Rate Framework Reform: A Third Policy Update and What Can You Do Now
This is the third post in my series of updates and insights to assist Schedule 1 employers with the transition to the new WSIB Rate Framework (“RF”) which will commence on January 1, 2020. The last post spotlighted two key policy updates, the Policy 14-02-01 Employer Level Premium Setting and Policy 14-02-06 Employer Premium Adjustments. …
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WSIB’s Rate Framework Reform – The Countdown Continues
This is the second part in the series of updates and insights to assist Schedule 1 employers with the transition to the new WSIB Rate Framework (“RF”) which will commence on January 1, 2020. The last post contained the broad strokes on how the new RF would work and referenced the fact that the WSIB …
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An IPO or an RTO, That is the Question
On January 3, 2019, the Financial Post reported that 54 new equity issues on four Canadian exchanges raised a total of $2.2 billion dollars in all of 2018, approximately less than half of the $5.1 billion generated from the 37 initial public offerings (“IPOs”) in 2017. According to Go Public in Canada, between the two …
New Spaces on the Block: The Co-Sharing Office and its Legal Implications
In the not-too-distant past, corner offices were sought after as they represented power and prestige. Only the most senior partners or high-ranking executives were able to secure such spaces. In the age of startups and new technologies, “working from home” has become normalized, and flexible and collaborative atmospheres have started to shape most work environments. …
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What are the Benefits of Representation and Warranty Insurance in M&A Deals? Close Negotiation Gaps and Ensure Smoother and More Favourable Outcomes
Although representation and warranty insurance (RWI) is an insurance and risk allocation product that has been available for over a decade, the Canadian M&A deal market has not previously embraced it to the same extent as the U.S. market. However, the situation in Canada is changing and if you are purchasing or selling a business, …
Key Considerations For A Franchisor Exit Strategy: The M&A Deal
Acquisitions of other businesses, to strategically grow an existing business or as a financial investment aimed at earning a good return, have been around since the beginning of modern commerce. However, historically, franchise companies grew organically, with traditional financing, as needed. Exit strategies for the entrepreneur-franchisor were often very low on the strategic plan. Today, …
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Global Talent Stream: Fast-Track Work Permits to Fuel Canada’s Innovation Strategy
The Global Talent Stream is a two-year pilot program of Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC) that commenced on June 12, 2017. It allows skilled workers with arranged employment in recognized “in-demand” occupations, or who have been referred to the program by designated referral organizations, to obtain work …