The role of litigation in M&A tactics and strategy - greater than ever *

Canada - January 13 2011
New situations as well as differences in viewpoints among provincial securities commissions, and between the commissions and the courts, will continue to shape the framework in which M&A transactions take place.

Co-authors: Robert M. Yalden.

SCC eliminates doctrine of fundamental breach in contract law; Tercon decision strongly endorses upholding exclusion of liability clauses absent proof of an “overriding” public policy to the contrary *

Canada - February 16 2010
In a procurement decision that will have a wide-ranging and significant impact on all types of contractual disputes, the Supreme Court of Canada (SCC) has "laid to rest" the doctrine of fundamental breach in Canadian contract law.

Co-authors: Ian Matthews, Paul Ivanoff, Roger Gillott.

OSC HudBay decision may significantly impact M&A landscape *

Canada - June 11 2009
Following the release of its January 23, 2009 decision, the Ontario Securities Commission (OSC) released its full Reasons for Decision (Reasons) in repect of the proposed transaction between HudBay Minerals Inc. (HudBay) and Lundin Mining Corporation (Lundin) on April 28, 2009.

Co-authors: Craig Lockwood, Jeremy Fraiberg.

Certicom v. RIM: when is a confidentiality agreement a standstill, too? *

Canada - March 12 2009
A recent dust-up between Research in Motion Limited (RIM) and Certicom Corp. in the course of RIM’s hostile take-over bid for Certicom has once again raised the issue of the effect and effectiveness of confidentiality and standstill agreements in Canadian M&A practice.