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McCarthy Tétrault's 2024 Outlook Series, GC Summit key takeaways, proposed environmental amendments to the Competition Act and more in Timely Topics – March 2024

Timely Topics with McCarthy Tétrault curates the latest market trends on a monthly basis to help you stay informed of developments that can affect your business. This content is current as of March 7, but please connect with us if you have any questions on any of the topics below.

Here are this month’s trending topics:

 

1) 2024 Canadian Business Landscape

McCarthy Tétrault’s Outlook Series

The Canadian legal and business landscapes changed significantly in 2023. How is your organization responding to these changes, and are you prepared for the year ahead?

McCarthy Tétrault’s Outlook series provides legal and business analyses of the most important changes across Canada’s economy in six key sectors. Read our publications, now available in one place, so you can navigate uncertain markets and creatively deploy capital to maximize return:

Get access to all of our publications on our 2024 Outlook page.

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Our Outlook series is unique in the Canadian marketplace for giving decision-makers direct insights into the key matters that could affect their business. Speak to any of the publications’ authors for guidance on the matters discussed, or visit mccarthy.ca to learn more about our industry groups and practice areas.

2) General Counsel

McCarthy Tétrault’s GC Summit Key Takeaways

McCarthy Tétrault’s Fifth Annual General Counsel Summit explored the rapidly shifting demands on GCs to effectively lead where chaos has become an ordinary part of business. This year, we heard from an excellent group of speakers, including:

Industry-leading GCs

  • Nick Henn, Executive Vice President and Chief Legal Officer, Loblaw Companies Limited
  • Kikelomo Lawal, Executive Vice President and Chief Legal Officer, CIBC
  • Sue-Lynn Noel, Senior Vice President, General Counsel and Corporate Secretary, Purolator
  • Jane Langford, Executive Vice President and General Counsel, TD Bank Group
  • Shara Roy, Chief Legal Counsel, EY Canada
  • Andre Vogl, General Counsel, The Home Depot Canada

Prominent business leaders

  • Sonia Baxendale, President and Chief Executive Officer, Global Risk Institute in Financial Services (GRI)
  • Marc-André Blanchard, Executive Vice President and Head of CDPQ Global and Global Head of Sustainability
  • Michael Lindsay, President and Chief Executive Officer, Infrastructure Ontario
  • Jennifer Publicover, Chief Executive Officer, RBC Insurance

Click here for key takeaways capturing the day’s insights.

 

3) Mining

Mining in the Courts, Vol. XIV

Our 14th annual edition of Mining in the Courts provides a one-stop annual update on legal developments impacting the mining industry. In addition to providing summaries of many of the most important cases, this edition contains articles with our insights on current legal trends and what we think the industry can expect to face in the coming year.

Read our publication for the latest on topics such as Aboriginal Law, Administrative Law, Bankruptcy and Insolvency, Class Actions, Environmental Law and much more.

Download the publication here

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McCarthy Tétrault’s mining litigators offer strategic approaches and innovative strategies to resolve complex disputes, including through mediation, arbitration and litigation. Connect with any member of our Global Metals & Mining Group if you have any questions.

4) Competition

Greener on the Other Side: Proposed Environmental Amendments to the Competition Act

Recent and proposed legislative amendments to Canada’s competition regime have been the biggest in a decade, including provisions affecting the environment. Bill C-59, currently before parliament, proposes three additions that will affect the Competition Act’s approach to environment-related matters.

Our Competition/Antitrust & Foreign Investment Group covers these amendments in depth, which, if passed, will require additional guidance from the Competition Bureau.

Read our overview of the changes here 

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Subscribe here to receive more analysis and updates on changes to Canada’s competition legislation. To discuss how we can help your business respond to these developments, contact Jason Gudofsky or Dominic Thérien from our Competition/Antitrust & Foreign Investment Group

5) Construction Law

Let Me Be Direct: Pleading Admissions as Evidence of a Direct Contract

A recent decision from the Ontario Superior Court, Sjostrom Sheet Metal Ltd. v. Geo A. Kelson Company Limited, has reinforced key takeaways for disputes arising from distressed construction projects. The case demonstrates the court’s continued willingness to enforce verbal contracts in certain circumstances, by, amongst other things, relying on the parties' own admissions as evidence of a direct contract. Parties to construction projects, and their legal counsel, should closely review the decision to understand how their agreements, and pending or ongoing disputes, may be affected.

Read our analysis of and key takeaways from the case to better prepare your construction contracts and avoid unwanted rulings in court.

Read the analysis here

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McCarthy Tétrault’s Canadian Construction Law Blog covers the latest trends, developments and hot-topic issues affecting the Canadian construction industry. Speak to a member of our Construction Group to see how we can help you grow and innovate in this space.

6) Banking and Financial Services

Office of the Superintendent of Financial Institutions (OSFI) Issues Final Integrity and Security Guideline

The OSFI Integrity and Security Guideline is now active and applies to federally regulated financial institutions (FRFIs) to help them manage risks associated with integrity and security. The Guideline is being implemented in stages over a time period extending to July 31, 2025.

Read our analysis of the key terms and defined expectations. FRFIs must submit a comprehensive action plan for the OSFI’s review by July 31, 2024, detailing how they will achieve compliance.

Read the analysis here

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To comply with the OSFI’s new Guideline and meet this year’s deadline, speak to Ana Badour, Co-Leader of our Fintech Group, or Marc MacMullin, Co-Leader of our National Financial Services Group.

7) Appellate Litigation

Appellate Quarterly – Key Takeaways

McCarthy Tétrault’s Appellate Litigation Group hosts Appellate Quarterly to discuss recent significant Canadian appeal decisions and what their impact will be in the future.

Read a synopsis of the matters discussed at our recent event and register to join us for Appellate Quarterly in Q2.

Access the synopsis here

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Our National Appellate Litigation Group gives clients access to a nationally integrated platform, providing industry-specific expertise in the official language of your choice. Speak to Brandon Kain about how we deliver excellent results on precedent-setting matters.

This newsletter is designed to provide general information only. This newsletter does not provide legal advice on specific issues. You are encouraged to consult with legal counsel should you require assistance in addressing a particular issue or concern.

Tell us what you think! Do you have feedback for the Timely Topics newsletter or topics you’d like for us to explore? Let us know at [email protected].

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