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Gary S.A. Solway

Technology, Media & Corporate Lawyer | Governance

Partner

Lisa Kakoske

Corporate and Securities Lawyer

Bruce A. Hibbard

Corporate & Securities Lawyer | M&A

Partner 

Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups, is a comprehensive guide designed to help Canadian technology startups navigate the complexities of choosing the right jurisdiction for incorporation.

Incorporation Forum Shopping in Canada Considerations for Canadian Tech Startups

Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

William S. Osler KC

Capital Markets, Securities, M&A and Corporate Governance Lawyer at Bennett Jones Calgary

Valeria Palacio

Corporate Lawyer | Securities Transactions

Associate

As an update to our previous blog posts, <a rel="noopener noreferrer" href="https://bennettjones.com/Blogs-Section/Greater-Flexibility-for-Reporting-Issuers-Access-Equals-Delivery" target="_blank">Greater Flexibility for Reporting Issuers: Access Equals Delivery</a> and <a rel="noopener noreferrer" href="https://www.bennettjones.com/Blogs-Section/CSA-Seeks-Comments-on-Access-Equals-Delivery-Model-for-Prospectuses-Financial-Statements-and-MDA" target="_blank">CSA Seeks Comments on “Access Equals Delivery” Model for Prospectuses, Financial Statements and MD&A</a>, the Canadian Securities Administrators (CSA) have published for comments a revised access model for certain continuous disclosure documents (CD Documents) of non-investment fund reporting issuers (Proposed Access Model). The Proposed Access Model is subject to a 90-day comment period, ending on February 17, 2025.

CSA Seeks Comments on Proposed Access Model Modernized Approach for Delivery

CSA Seeks Comments on Proposed Access Model: Modernized Approach for Delivery of Continuous Disclosure Documents

Andrew N. Disipio

Mining & Corporate Finance Lawyer | M&A, Equity & Debt Deals

On January 11, 2024, the Canadian Securities Administration published amendments implementing an "Access Equals Delivery" model to generally permit electronic delivery of prospectuses in Canada for non-investment fund reporting issuers, including venture issuers. The AED Model will come into force on April 16, 2024, subject to receiving expected regulatory and ministerial approvals.

Greater Flexibility for Reporting Issuers Access Equals Delivery

Greater Flexibility for Reporting Issuers: Access Equals Delivery

Kristopher R. Hanc

M&A and Capital Markets Lawyer

Glass, Lewis & Co and Institutional Shareholder Services have both released updates to their Canadian proxy voting guidelines for the 2023 proxy season, with the most significant changes relating to board diversity, environmental and climate related matters and executive compensation.. Recommendations from proxy advisory firms can have a significant impact on the outcome of business conducted at shareholder meetings—especially if institutional investors comprise a significant portion of the company's shareholder base. Canadian public companies should review the updates with their legal counsel to determine the impact on disclosure and governance practices, and take steps to mitigate any potential adverse voting recommendations.

ISS and Glass Lewis Update 2023 Proxy Voting Guidelines

Christopher J. Doucet

Corporate & Mining Lawyer | M&A & Corporate Finance

Aidyn Bhatia

Lawyer at Bennett Jones Toronto

The Canadian Securities Administrators (CSA) has launched a broad consultation on modernizing the regulation of public companies, examining venture issuer status, financial reporting, resale restrictions, material change reporting and alignment with U.S. developments. The Consultation Paper includes a proposed qualified institutional purchaser exemption that could provide eligible reporting issuers with greater flexibility to raise capital without traditional resale hold periods. Stakeholders have until November 13, 2026, to submit comments.

CSA Publishes Sweeping Consultation on Modernizing the Regulation of Public Companies

Meg Tweedlie

Director, Student Talent

Samuel Judson

Commercial Real Estate Lawyer at Bennett Jones Toronto

Change of control provisions in commercial leases can create uncertainty for both landlords and tenants, particularly where terms such as &ldquo;control&rdquo; and &ldquo;effective control&rdquo; are undefined. This article examines the Canadian legal landscape, key case law and Section 23 of Ontario&rsquo;s Commercial Tenancies Act, and offers practical considerations for drafting and negotiating change of control provisions. It also highlights potential carve-outs and strategies to reduce ambiguity and the risk of future disputes.

change of Control of Commercial Tenants Drafting

Change of Control of Commercial Tenants: Drafting, Interpretation and Practical Considerations

Akhila Sandhu

Summer Student

Morgan Sutherland

Associate 

Michael C. Smith

Litigation Lawyer at Bennett Jones Toronto

The United Nations has adopted the first global regulatory framework for Automated Driving Systems, establishing safety, cybersecurity, testing and monitoring requirements for Level 3, 4 and 5 automated vehicles. This article examines the framework&rsquo;s implications for Canada, including how Transport Canada may incorporate the requirements into domestic vehicle safety standards and what manufacturers and suppliers should consider as regulation evolves.

First Global Regulatory Framework For Autonomous Vehicles

First Global Regulatory Framework For Autonomous Vehicles: Key Takeaways For Canada And The Auto Industry

Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory

Michael P. Theroux KC

Commercial Litigation, Arbitration & Energy Litigation Lawyer

Brynne Harding

Litigation Lawyer at Bennett Jones Calgary

The Supreme Court of Canada has resolved one of the most consequential questions left open by Vavilov, and which has divided jurisprudence in lower courts since then&mdash;whether judicial review is constitutionally guaranteed or can be barred by privative clauses.

Big Implications for Appeals from Administrative Tribunals

The Supreme Court Settles the Constitutional Floor for Judicial Review in Democracy Watch v Canada

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

Jenna Vivian

Commercial Litigation Lawyer at Bennett Jones Edmonton

The Supreme Court of Canada&rsquo;s decision in SS&amp;C Technologies Canada Corporation v. Bank of New York Mellon Corporation, 2026 SCC 29, revisits the doctrine of spoliation and confirms that courts must draw an adverse inference when intentional destruction of relevant evidence is established. The decision provides guidance on the test for spoliation, the scope of mandatory adverse inferences and the importance of preserving evidence during litigation.

The Supreme Court of Canada Affirms Mandatory Adverse Inference in Cases of Spoliation

The Supreme Court of Canada Affirms Mandatory Adverse Inference for Spoliation

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Bruce Hibbard Spoke at the Banff Venture Forum

From the Same Authors