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Canada’s new “modern slavery” legislation: impact on shareholder activism

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By Anisha Visvanatha on May 26, 2023

Government institutions and businesses in Canada must soon comply with new legislation aimed at combatting forced labour and child labour or “modern slavery”. Bill S-211, an Act to enact the Fighting Against Forced Labour and Child Labour in Supply…

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CSA/IIROC Staff Notice 23-329 – Short Selling in Canada

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By Reid Berman on May 7, 2023

On December 8, 2022, the Canadian Securities Administrators (CSA) and the Investment Industry Regulatory Organization of Canada (IIROC) jointly issued Staff Notice 23-329 – Short Selling in Canada (the Notice). The purpose of the Notice…

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TSX Confirms Voting Agreements May Require Security Holder Approval

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By Brianna Mayes on May 2, 2023

On February 27, 2023, the Toronto Stock Exchange (“TSX”) published Staff Notice 2023-0001 – Voting Agreements (the “Staff Notice”), which formalizes the policy on how it has been addressing voting agreements between TSX-listed issuers and their…

Putting the “green” in green investing

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By Brandon Schupp on November 19, 2021

Blurred stock numbers, people in backgroundThe past several years have seen “green investing” rise to prominence. In 2020, environmental, social and governance (ESG) funds captured $51.1 billion of net new capital from investors, a fifth consecutive annual record. At the same time, companies…

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ESG & Shareholder Activism: Ready or Not, Here it Comes

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By Katherine MacPhail (Calgary) on September 24, 2021

Hands passing around business document at table“ESG” stands for Environmental, Social and Governance and describes a handful of criteria used by both issuers and investors to focus on a corporation’s impact and activity regarding topics like environmental protection, climate change, support for the local and global…

A Recap of the OSC Decision on the Minimum Tender Requirement under the New Canadian Takeover Bid Regime

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By Ivona Zegrean on September 24, 2021

Two people discussing a contract, one person signing itOn February 23, 2021, the Ontario Securities Commission (OSC) released its reasons in ESW Capital, LLC, 2021 ONSEC 7 (the ESW Decision), in which the OSC considered the availability of an exemption from the minimum tender…

CP Rail Supports an ESG-Related Shareholder Proposal Which Includes Annual Advisory Vote by Shareholders on a Climate Action Plan

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By Heidi Reinhart & The Special Situations Team on March 31, 2021

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TCI Fund Management Limited (TCI) recently successfully submitted a climate change-related shareholder proposal (the Proposal) to Canadian Pacific Railway Limited (CP) to be voted on at CP’s upcoming 2021 annual general meeting of shareholders.  As…

A Review of 2020: A Catalyst for Corporate Governance Change

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By Jennifer McPherson (Calgary) on January 5, 2021

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The COVID-19 pandemic coupled with the fight against anti-Black systemic racism has had a significant and potentially long-lasting impact on corporate governance.

In its report entitled “The New Abnormal: How 2020 Has Changed the Future of Corporate Governance” (the Report…

Dialing In: Adapting to Virtual Shareholder Meetings

By The Special Situations Team on September 28, 2020

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The Shift to a Virtual World

The COVID-19 pandemic has altered and changed many familiar corporate operational and governance practices and norms, including how issuers host their annual general meetings (AGMs). Broadridge Financial Solutions reported hosting 300 virtual…

ISS includes Economic Value Added in its Compensation Reports

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By Denise Gan (Toronto) on May 24, 2019

Institutional Shareholder Services (ISS) announced earlier this year that, in its 2019 proxy research reports, it will be displaying financial ratios derived from a base measure called Economic Value Added (EVA). The EVA ratios will initially…

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Norton Rose Fulbright’s Special Situations Team has played a leading role in Canada’s most high-profile shareholder activist and defense mandates, as well as complex reorganization transactions. The Special Situations Law blog is about sharing our insights with you. With videos discussing shareholder activism, links to relevant case law and legislation, and incisive commentary about regulatory and legal developments, our blog includes a wealth of resources and perspectives on special situations law.

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