The Supreme Court Opens Door to New Model of Securities Regulation

By Anita Anand Originally published on the C.D. Howe Institute. In a decision last week, the Supreme Court of Canada held that the proposed Cooperative Capital Markets Regulator (CCMR) does not impede provincial legislatures’ ability to enact securities regulation. In addition, the court held that the federal government has the constitutional authority to regulate in …

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Shareholder-Driven Corporate Governance

Professor Anita Anand was recently featured on the Harvard Law School Forum on Corporate Governance and Financial Regulation, discussing the concept of “shareholder-driven corporate governance” (SCG). In this post, Professor Anand revisits the nature of the relationship between the shareholder and the corporation and, in light of growing shareholder activism, considers what role the law …

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Friday News Finds – November 2, 2018

By Danica Bennewies Welcome back to another installment of Top Five Friday Finds – the weekly series where we share five of the corporate and securities law news stories that dominated the headlines, and our conversations, this week. A month ago, Husky Energy Inc launched a $3.3 billion hostile takeover bid for its competitor, MEG …

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The Oppression Remedy: Clarifying Part II of the BCE Test

By Jassmine Girgis The following abstract is from a paper forthcoming in the Canadian Bar Review and is available on SSRN. Claiming oppression is easy. Only the low bar of unfairness must be overcome. It seems to arise from any unwelcome conduct in a (usually) closely-held corporation. It can be appended to any corporate misconduct …

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