Keeping up with Canada’s constantly shifting regulatory and judicial landscape can be a challenge for general counsel (GCs) and boards of directors, but the importance of doing so cannot be understated. No public company wants to be the test case for a securities commission or a court applying new rules or guidance. Understanding recent legal developments and their underlying policy issues is critical to anticipating and navigating potentially problematic circumstances before they actually become problems, as well as to ensuring the fulfillment of GCs’ and boards’ evolving duties and responsibilities, including with respect to risk oversight. Several notable developments have been precipitated or accelerated by the COVID-19 pandemic, which has dominated headlines since March 2020. However, the majority of recent regulatory and judicial changes are largely unrelated to COVID-19 and, for that reason alone, may not have received the attention they deserve. In this chapter, we explore 10 important developments that GCs and boards need to know.
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Governance Insights 2022
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