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The legal landscape in 2024 has seen numerous developments that will impact business in the coming year. To help you stay informed, we’re pleased to present Osler Legal Outlook, which offers a comprehensive analysis of these changes. With 31 detailed and insightful articles, Osler Legal Outlook provides an in-depth review of the major legal developments over the past 12 months.
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In this article — "Navigating control transactions: clarifying acceptable conduct boundaries" — we review recent decisions by Canadian securities regulatory which are helping to guidelines for acceptable behaviour during takeover bids. It will be important for issuers, shareholders and other interested parties to have a good understanding of the re…
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In this article — Hurtling towards the future: regulatory development in the financial services sector — we review key changes in 2024 that are likely to have a continued impact on financial service providers in the coming year. Further changes can be anticipated in 2025 arising from the ongoing review of federal financial institutions legislation,…
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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 K…
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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, Resear…
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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 …
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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 eth…
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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…
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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 …
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In this article — What’s new in Québec’s consumer protection law? — we review the requirements of Québec’s Bill 29 and proposed Bill 72 and how these will affect businesses in their dealings with consumers. The focus of this legislation is to provide greater safeguards for consumers in their purchase of goods and services. It will be incumbent upon…
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In this article – “Canadian mandatory climate disclosure rules in the forecast” — we discuss how Canadian companies should plan to respond to the impending mandatory climate-related disclosure requirement. Key topics include international and U.S. approaches, implications for Canada, and greenwashing. This article is authored by John Valley a partn…
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In this article — The rise of retail: accessing private markets — we discuss how there are now greater opportunities for the mass affluent and retail investors to participate in private asset investing. The availability of this form of investing is also helping to fuel the growth of Canadian companies. The democratization of private asset investing…
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In this article – “Two years of CIRO: enforcement, harmonization and what’s next” — we review the Canadian Investment Regulatory Organization’s accomplishments as well as its top priorities for the future. Key topics include regulatory harmonization, enforcement trends, dual registration, advisor compensation and client-focused reforms. This articl…
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In this article – “Private equity M&A: strong appetite for exchangeable share structures” — we discuss the increasing popularity of exchangeable share structures. Key topics include rollover equity, foreign private equity sponsors, and the outlook going into 2025. This article is authored by Osler partners Brian Gray, Chair, Private Equity and Mike…
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In this article – “Consult before exploring: mineral tenure and Indigenous rights” — we discuss the major impact of recent case law and expected legislative changes in several prominent mining jurisdictions on mineral tenure, developments that could affect Canada’s focus on critical minerals and energy transition in the years ahead. This article is…
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In this article – “Navigating Canada’s evolving carbon markets” — we review mechanisms for trading carbon credits which are crucial for achieving emissions reductions, to meet Canada’s ambitious climate targets. Key topics include compliance markets, voluntary markets, carbon contracts, and international trading. This article is authored by Osler p…
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In this article — "Unlocking AI innovation" — the authors review the significant changes in the artificial intelligence sector over the last year and share their insights for the year ahead and how mitigating risk when using AI technology can help businesses foster sustainable and responsible innovation. This article is authored by Simon Hodgett an…
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In this article — “Venture capital in the balance: steering through market turbulence” — we discuss how technology companies and their investors can prepare for greater market turbulence in the year ahead. Key topics include fundraising dynamics, deal volume in the venture capital, market correction and what to expect in 2025. This article is autho…
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In this article — “Canadian global minimum tax, digital services tax and other international tax reforms” — we consider how Canadian businesses can best navigate this new landscape and what to watch for in 2025. Key topics include global minimum tax, digital services tax, online marketplace services revenue, tariffs, and reporting obligations. This…
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In this article — "The burden of protectionism: outlook for Canadian trade" — we explore the growing global trend towards protectionist trade policies and the continuing trade uncertainty facing businesses in 2025. As international political and economic tensions continue to rise, more countries, including Canada, are adopting protectionist or merc…
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In this article — "Termination clauses under the microscope and other cautions" — we discuss the trend away from the enforceability of termination clauses by the courts. Employers with inadequately prepared employment contracts and form agreements risk greater employee litigation and payout liability. A high degree of vigilance is now required when…
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In this article — "Product liability: tipping the scales against industry" — the authors examine how new legislation in Canada is enabling governments to sue for recovery of health care costs associated with various products and services and could lead to more consumer claims. As a result, businesses across all sectors need to strengthen their comp…
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In this article — “The changing environment of federal impact assessment” — we explore a pivotal constitutional reference that was released by the Supreme Court of Canada, which found that the federal process for regulation and assessment of major infrastructure developments was unconstitutional. This finding necessitates substantive changes to the…
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In this article — "The impact of stronger drug dosing patents on Canadian drug access" — we discuss the importance of an effective balance between patent enforceability and timely access to affordable generic drugs if prescription drug costs are to be better managed. Recent jurisprudence suggests this balance may be shifting away from affordable al…
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In this article — "Developing Canada’s critical minerals for energy transition" — we discuss the critical minerals development challenges faced by Canada. The federal government has an important role to play in supporting research and development and providing tax credits and other funding program incentives if Canada is to become a world leader in…
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In this article — “Will new powers lead to more effective capital markets regulatory enforcement?” — we examine the most notable developments and enforcement actions in securities regulation in 2024, including a decision from the Supreme Court of Canada with major implications for securities and capital markets. We also look ahead to the aggressive…
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In this article — Spotlight on greenwashing under the Competition Act — we discuss how environmental claims relating to company products, services and business activities may be subject to increased scrutiny following recent competition law changes. The best defence remains to make claims that are responsible and made on a supportable basis. Going …
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In this article – “CRA’s power to audit and assess: new developments, old problems” — we explore how recent amendments broaden the scope of power that the CRA will have in enforcing the Income Tax Act. Key topics include jurisdictional divide between the Tax Court and Federal Court, recent case law, principal changes to the CRA’s authority and cons…
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In this article – “The devil is in the details: legislative changes and access to healthcare” — we consider how despite evolving legislation aimed at enhancing access to healthcare services, critical details will remain subject to clarification through further regulation, consultations and interpretation policy. This article is authored by Osler pa…
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In this article – “Significant changes to Québec’s commerce and business language requirements” — we discuss the amending regulation that represents the final stage in the years-long overhaul of Québec’s language law and the ways it reduces some burdens and offers added flexibility to businesses operating in the province. This article is authored b…
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In this article — Tackling ‘snow washing’: expanding Canada’s anti-laundering regime — we discuss recent developments relating to anti-money laundering and anti-terrorist financing heading into 2025 and beyond. Changes that have already occurred follow increased domestic and international attention and scrutiny. Businesses will need to keep abreast…
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Heading into 2025, the regulatory landscape around cryptoassets and other emerging technologies remains in flux. In Osler Legal Outlook, Matthew Burgoyne, Lawrence Ritchie and Alex Cobb write that regulators’ willingness to engage with industry participants and consider alternative regulatory offers some hope for collaborative solutions. Osler Lega…
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Decarbonization of the transportation sector is a key plank of Canada’s strategy for complying with its commitment to achieve net-zero emissions by 2050. One of the leading obstacles to electric vehicle adoption is the lack of adequate public EV-charging infrastructure in this country. In Osler Legal Outlook, Colena Der, Michael Fekete, Hugo-Pierre…
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CPD Homes will be introduced to Australian-registered doctors in 2024, but what are they for, and what do they mean for you? Chair of the Medical Board of Australia, Dr Anne Tonkin, joins Todd to talk about what lies ahead. See omnystudio.com/listener for privacy information.Di Todd Fraser
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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-Ch…
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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 Fi…
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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…
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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 Kai…
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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 Ritc…
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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 y…
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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 Leand…
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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 pr…
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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…
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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 pr…
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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…
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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…
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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 s…
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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, Emp…
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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…
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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. Th…
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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 i…
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