Our Take: Staying a Step Ahead Canadian securities regulators and courts are increasingly flexing their muscles to address perceived problems with market participants’ conduct. From a regulatory perspective, this includes considering new rules to address activist short selling, clarifying COVID-19 disclosure expectations and codifying climate-related disclosure guidance. From a judicial perspective, courts are demanding more of issuers and their advisers regarding plans of arrangement. Issuers that understand where regulators and courts have drawn lines are well-positioned to avoid today’s pitfalls. Issuers that understand why the lines have been drawn where they have been drawn are well-positioned to foresee and avoid tomorrow’s pitfalls.
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Governance Insights 2022
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