Governance Insights 2024: Shareholder Activism in Canada

Governance Insights 2024 A Review of Shareholder Activism in Canada for 2024: Key Decisions and Trends to Watch for in 2025

ZEROED IN: CAMPAIGN FOCUS REMAINS CONSISTENT

The variety of shareholder demands has remained consistent over the past year and a half. Notably, the proportion of demands focussed on M&A and ESG matters has increased during the same period, as seen in Figure 3.

Figure 3: P ublic Demands to Canadian Issuers Proportionally by Type of Demand (2017 – 2024/11/30)

100%

90%

80%

70%

60%

 Remuneration  ESG  M&A  Business Strategy

50%

40%

30%

 Board Related Activism  Balance Sheet Activism

20%

10%

0%

2017

2018

2019

2020

2021

2022

2023

2024-11-30

TWO RESOUNDING VICTORIES FOR ACTIVISTS: THE GILDAN CAMPAIGN FOR STATUS QUO AND THE DYE & DURHAM CONTEST FOR CHANGE 2024 witnessed two high profile campaigns in which the activist claimed a resounding win. In the case of Montreal-headquartered apparel manufacturer Gildan Activewear Inc., following the unexpected departure of the company's CEO amid tensions with the Gildan board, activist investor Browning West commenced a campaign that culminated in the replacement of the entire incumbent board and the reinstatement of the CEO. This campaign saw a chorus of shareholders rallying around Browning West’s cause, amplifying the pressure on the incumbent board. Similarly, later in 2024, the nine-month battle between the Toronto-based legal technology company Dye & Durham Limited and activist investor Engine Capital LP, which aired differences over the company's strategic direction, came to a close with Engine Capital garnering shareholder approval for its slate of directors, prompting the replacement of the entire incumbent board and resignation of the CEO.

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Davies | dwpv.com

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