Business Resilience and Innovation
COVID-19 and Litigation Risk: How can businesses respond to Litigation or a Litigation-Precipitating COVID-19 Event?
June 8, 2020
This last installment of the three-part series on litigation and COVID-19, covering risks, mitigation, and disputes, identifies key actions to consider in the event of litigation or a litigation-precipitating event, such as confirmation of COVID-19 on the premises.
COVID-19 and Litigation Risk: How can businesses reduce the risk of future litigation?
June 4, 2020
In the second instalment of our three-part series covering litigation and COVID-19, we consider steps businesses can take now and going forward to reduce their risk of being sued as a result of circumstances arising from COVID-19.
COVID-19 and Litigation Risk: Does your back-to-work strategy plan for litigation risks?
June 3, 2020
In the first instalment of our three-part series covering litigation and COVID-19, we discuss some of the potential COVID-19 related litigation risks that businesses may face in the upcoming weeks and months, and need to be aware of and plan for as part of a comprehensive back-to-work strategy.
COVID-19 and Private funds – What’s Next?
June 2, 2020
This article explores the nature and extent of the repercussions of the pandemic on private equity and venture capital funds and offers some practical solutions to help promote a successful market relaunch.
10% Temporary Wage Subsidy Update
May 29, 2020
In this e-alert, our Tax Group provides an update on recently released regulations for purposes of the 10% Temporary Wage Subsidy, and the interaction between that subsidy and the Canada Emergency Wage Subsidy (CEWS).
CSA issues additional temporary relief to investment funds and non-investment fund issuers for certain regulatory filing deadlines
May 26, 2020
On May 20, 2020, the Canadian Securities Administrators (the “CSA”) released two blanket orders that would provide temporary relief to investment funds and non-investment fund issuers for certain regulatory filing deadlines.
Canada Emergency Wage Subsidy Update
May 16, 2020
A breakdown of recent changes to the Canada Emergency Wage Subsidy (the “CEWS”) announced by the Government of Canada.
COVID-19 Update: Alberta Workplaces Must Develop and Implement COVID-19 Plans and Post Within 7 Days of Re-opening
May 15, 2020
As part of its Relaunch Strategy, the Alberta Government has ordered Alberta workplaces to develop and implement COVID-19 plans to minimize the risk of transmission of infection among persons working at or attending the business. These plans must be posted within 7 days of the public being able to attend the business.
COVID-19: Steps to Recovery - Ontario Permits the Re-opening and Expansion of Certain Businesses and Activities in Time for the Victoria Day Long Weekend
May 14, 2020
This blog provides an update on Ontario's steps to recovery, detailing the announcements made by the Ontario Government on May 14, 2020 permitting further staged re-opening of certain businesses and activities.
Government of Canada Establishes Large Employer Emergency Financing Facility and Expands the Business Credit Availability Program
May 13, 2020
Businesses in all sectors across Canada are under severe and unprecedented pressure. Due to COVID-19, consumer demand is at an all-time low. Large companies are struggling to obtain access to capital to stay afloat during this difficult time. On May 11, 2020, the Government of Canada announced much-anticipated programs to facilitate financing for large Canadian companies.
CSA Publishes Guidance on Continuous Disclosure Obligations in the Context of COVID-19
May 13, 2020
On May 6, 2020, the Canadian Securities Administrators published a presentation with MD&A, financial information and material change guidance on the application of continuous disclosure obligations and considerations for issuers in the context of COVID-19. Our recent blog post on the subject summarizes and adds our insight on the key elements discussed in this presentation.
What’s happening in shareholder activism in Canada?
May 11, 2020
Partners from our M&A Group discuss the state of shareholder activism in Canada in the wake of the COVID-19 pandemic.
Remission Order provides relief of customs duties for eligible PPE goods
May 7, 2020
On May 6, 2020, the CBSA issued Customs Notice 20-19 on the Certain Goods Remission Order (COVID-19), which provides for the relief of customs duties for eligible COVID-related goods that are imported on or after May 5, 2020. Relief under the Order can be claimed at the time of importation, or within two years of the date of importation.
COVID-19 Update: Alberta’s Gradual Re-Opening of the Economy
May 1, 2020
Lawyers from our Calgary office summarize the re-opening measures recently announced by the Alberta provincial government. This article will continue to be updated as further measures are introduced in the province.
Shareholder Meeting Procedure in a Virtual Age – What to Expect
May 1, 2020
This proxy season, many Canadian public companies will be conducting their annual shareholder meetings in a virtual-only format for the first time. This article sets out certain considerations regarding the conduct of a virtual meeting and discusses how meeting rules and procedures may be applied in this context.
COVID-19 Update: The Government of Ontario Announces a Framework to Re-Open the Economy
April 27, 2020
On April 27, 2020, Premier Doug Ford announced Ontario’s framework for re-opening the economy. This blog provides a summary of the three-stage process proposed by the Government.
COVID-19 and Canada’s anti-spam law CASL
April 24, 2020
The COVID-19 pandemic is forcing organizations to adapt their marketing to reach new customers using emails and other forms of electronic communications. However, many of these commercial electronic messages are illegal to send under Canada’s anti-spam law, CASL.
BC Uses Emergency Powers to Secure Supply Chain, Defines “Essential Services”
April 20, 2020
A breakdown of the British Columbia Minister of Public Safety and Solicitor General's announcement of a series of unprecedented ministerial orders “to secure critical supply chains and safeguard the most vulnerable”.
ISS and Glass Lewis Provide Guidance in Response to the COVID-19 Pandemic
April 20, 2020
In light of the COVID-19 pandemic, Institutional Shareholder Services (ISS) and Glass Lewis have provided guidance on the application of some of their voting policies for the upcoming proxy season. This article summarizes the approach taken by the proxy advisory services with respect to certain corporate governance issues relevant to Canadian issuers.
After Much Anticipation, Federal Government Announces Support for the Oil & Gas Sector
April 17, 2020
An international price war, along with a demand slump caused by the global COVID-19 pandemic, is having a devastating impact on oil and gas across Canada. This article provide a brief summary of the relief announced by Federal and Provincial governments for Canada’s oil and gas sector.
COVID-19: Limits on Governments’ Emergency Powers
April 16, 2020
Even in responding to a pandemic, governments cannot act without constraint. In this update, leading litigators Michael Feder, Q.C., Eric S. Block and Adam Goldenberg examine the constitutional and statutory limits on governments’ powers under emergency and public health legislation – and how the courts may ultimately enforce them.
COVID-19 and Privacy: Artificial Intelligence and Contact Tracing in Combatting the Pandemic
April 15, 2020
COVID-19 is having a debilitating effect on people’s health and their economic well-being. Getting the economy opened up could be facilitated by using innovations in artificial intelligence and contact tracing applications. The privacy issues associated with these technologies are canvassed in this blog post.
Health Canada Responds to COVID-19: Here’s What You Need to Know About its Expedited Approval Processes
April 15, 2020
In light of Canada’s exceptional and urgent need for critical personal protective equipment and sanitizer products, Health Canada has significantly streamlined the regulatory requirements associated with the manufacture and import of certain natural health products and medical devices. The blog post addresses the fast-tracking approval procedures for hand sanitizers and other natural health products, as well as personal protective equipment, such as mask, respirators, and face shields.
Brave New World of Arbitration: Updates from the World’s Major Arbitral Institutions
April 15, 2020
Lawyers from our firm’s International Arbitration Group analyze the additional guidance and updates provided by several major arbitral institutions to assist parties as they navigate their arbitral processes in the midst of the COVID-19 pandemic.
COVID-19 and Privacy: Artificial Intelligence and Contact Tracing in Combatting the Pandemic
April 15, 2020
COVID-19 is having a debilitating effect on people’s health and their economic well-being. Getting the economy opened up could be facilitated by using innovations in artificial intelligence and contact tracing applications. The privacy issues associated with these technologies are canvassed in this blog post.
Canadian Federal Wage Subsidies During the COVID-19 Pandemic
April 15, 2020
In this alert, members of our tax team provide a detailed overview of amendments made to the Income Tax Act (Canada) to implement: (i) the Canada Emergency Wage Subsidy (“CEWS”) and (ii) the 10% temporary wage subsidy which is separate from (but reduces) the CEWS. This detailed commentary is a companion piece to the more general summary of the CEWS prepared by our labour group
Can I Get a Witness? Will Executions During COVID-19
April 12, 2020
Self-isolation and social distancing have made it difficult to execute a Will at a time when many are thinking about making or changing theirs. Welcome relief came to Ontario in April through an emergency order in council allowing for virtual witnessing during the COVID-19 crisis, through audio-visual communication technology.
COVID-19-Related Competitor Collaborations: Proceed with Caution
April 8, 2020
Considering a crisis collaboration with a competitor? Read this first.
Working from Home: Cybersecurity Checklist
April 6, 2020
Working from home creates new cybersecurity challenges in a world where data breaches can lead to regulatory investigations, class action lawsuits and damage to your reputation. This post provides helpful steps your organization can take to protect itself.
Considerations for Directors During the COVID-19 Pandemic
April 5, 2020
As the COVID-19 pandemic continues to affect Canadian businesses in a significant manner, corporations face a range of challenges. This articles addresses considerations for directors and outlines their duties and responsibilities in light of such challenges.
Alberta Suspends Routine Environmental Reporting Requirements
April 3, 2020
On March 31, 2020 in response to the COVID-19 public health emergency, Alberta’s Minister of Environment and Parks by Ministerial Orders modified many routine environmental reporting requirements under Alberta’s key environmental legislation. This step is an acknowledgment of the hardship facing many companies
How will COVID-19 shape the future of arbitration?
April 2, 2020
Lawyers from our International Arbitration Group break down the impact of court closures, and discuss additional options that the world of arbitration provides to the legal system during the COVID-19 global pandemic.
BC’s Data Sovereignty Rules Relaxed: Practical Implications of COVID-19 Order
April 2, 2020
British Columbia has temporarily relaxed its data sovereignty requirements for the public sector due to COVID-19. In this article, our BC privacy lawyers set out practical considerations for public bodies to assess the adoption of tools that store personal information outside of Canada.
Potential class action exposure in Canada in the wake of COVID-19
Canadian companies are facing sweeping and unprecedented challenges in the wake of the COVID-19 pandemic. Companies also face a risk of class actions being filed arising from a company’s response to COVID-19.
Ontario government issues emergency order providing flexibility with respect to shareholder and director meetings
April 1, 2020
Leading lawyers from our Canadian Securities Regulatory Monitor blog, including partners Wendi Locke, Andrew Parker and Patrick Boucher discuss Ontario’s emergency order enacted March 31, 2020 allowing for OCBA corporations to hold virtual or electronic shareholder and directors meetings and extending the deadline by which annual shareholder meetings are to be held.
IIROC offers limited discretionary exemption relief from IIROC rules to address COVID-19 situation
April 1, 2020
The IIROC Board of Directors approved the offering of time-limited exemptive relief in a number of areas to IIROC Dealer Members who are experiencing difficulties in complying with certain IIROC rules as a result of the COVID-19 situation. IIROC has elected to follow a case by case application-based approach where the applicant will have to make a showing that the relief is driven by the COVID-19 situation and that the spirit of the IIROC rule from which exemption is sought is being respected.
US Travel Restrictions Related to COVID-19
March 27, 2020
In an effort to control the spread of COVID-19, the US has implemented sweeping travel restrictions during the last few weeks. Travellers need to be aware of these changes and to continuously keep abreast of updated rules, because travel restrictions and quarantine measures can change at any time.
COVID-19 : Available solutions to the challenges resulting from the current crisis and the different restructuring alternatives at your disposal
March 26, 2020
In this post by lawyers in our Bankruptcy & Restructuring Group, we share a high-level review of some of the available options in light of the current economic situation caused by the pandemic.
COVID-19: Canadian Government Can Now Use Patented Inventions to Respond to the Public Health Emergency
March 25, 2020
In response to the COVID-19 pandemic, the government of Canada quickly gave itself the authority to use and even sell inventions that have been patented by others, to the extent necessary to respond to the public health emergency.
COVID-19 and Electronic Contracting
March 25, 2020
For years, organizations have moved their businesses digital. To consummate transactions and to otherwise engage in contractual activities, organizations have increasingly relied on electronic means of contracting using everything from webwraps and clickwraps (and hybrid variations of these forms of agreements) and electronic documents executed using electronic signatures.
COVID-19 Guidance for Importers and Exporters
March 24, 2020
Leading lawyers from our International Trade and Investment Law Group provide guidance for importers and exporters so that the global movement of goods is not hampered or unnecessarily delayed.
TSX Grants Temporary Relief for Listed Issuers From TSX Company Manual Requirements in Response to COVID-19 Pandemic
March 24, 2020
Leading lawyers from our Canadian Securities Regulatory Monitor blog, including partners Patrick Boucher, Wendi Locke, Andrew Parker and Sonia Struthers, discuss the TSX Staff Notice issued March 23, 2020 regarding certain blanket relief measures that issuers can rely on amidst the COVID-19 pandemic.
Municipal Tax Measures in Canada Aimed at COVID-19 Relief
March 24, 2020
Leading lawyers from our National Tax Group break down municipal tax relief measures introduced in cities across Canada to date as a response to COVID-19.
The World Needs Startups During the COVID-19 Crisis
March 23, 2020
In these times of uncertainty, MT>Ventures partners, Aliya Ramji and David Frost, explain the crucial role startups play during a crisis like COVID-19 and how they can cope with the challenges arising from the pandemic.
The Impact of COVID-19 on Contractual Obligations: Force Majeure and Frustration
March 22, 2020
Leading lawyers including Eric S. Block, Kristian Brabander, Miranda Lam, Meghan Bridges and Kara Smyth discuss Force Majeure clauses and contractual obligations, as organizations deal with the continuing impact of COVID-19
From Crisis Cartels to COVID “Cures” to Merger Clearance: How the COVID-19 Pandemic is Challenging Canada’s Competition Laws
March 19, 2020
Our Competition/Antitrust & Foreign Investment Group highlights the latest developments and provides some guidance for companies wondering what they are and are not allowed to do to weather the current economic storm.
CSA announces 45-day extension for regulatory filings due on or before June 1, 2020 and other announcements relating to COVID-19
March 19, 2020
On March 18, 2020, the Canadian Securities Administrators (the “CSA”) announced via a press release that it will be implementing a blanket 45-day extension for certain continuous disclosure filings due on or before June 1, 2020.
COVID-19 Update - Federal Government Announces “Canada’s COVID-19 Economic Response Plan"
March 18, 2020
This morning, Prime Minister Justin Trudeau announced a new set of economic measures to assist Canadians as a result of the COVID-19 pandemic.
COVID 19: Managing Privacy and Cyber Issues
March 17, 2020
The firm's Technology and Cybersecurity, Privacy and Data Management Groups provide an overview of critical privacy and cyber issues that organizations are dealing with in the midst of the COVID-19 pandemic, including in relation to cybersecurity, the collection of personal information in an effort to limit the spread of COVID-19, and sending COVID-19 related messages.
COVID-19 Considerations from Our Bankruptcy & Restructuring Experts
March 17, 2020
Lawyers in our Bankruptcy and Restructuring group, including Jamey Gage and Heather Meredith, discuss the strain on businesses caused by COVID-19. Based on their experience assisting clients in challenging circumstances, our restructuring experts from across the country outline key steps and considerations for businesses that may be facing liquidity challenges and financial uncertainty as a result of the present circumstances.
CSA issues guidance re continuous disclosure deadlines amidst COVID-19 pandemic
March 16, 2020
On March 16, 2020, the Canadian Securities Administrators (the “CSA”) issued a press release regarding a reporting issuer missing filing deadlines amidst the COVID-19 pandemic.
Potential Insurance Coverage for Loss Caused by COVID-19
March 19, 2020
Many businesses across a range of industries have suffered significant financial loss caused by COVID-19. Members of the National Insurance Law Group explore potential insurance coverage to help offset the losses caused by COVID-19. Business interruption insurance and event cancellation insurance are specifically addressed, and practical tips are provided to help maximize potential insurance coverage.
Going the distance… or not: How holding virtual AGMs can help Canadian issuers navigate the COVID-19 crisis
March 12, 2020
In this post from our Securities Regulatory Monitor blog, leading lawyers including partners Clemens Mayr and Charles-Antoine Soulière, discuss how Canadian issuers can consider whether or not to hold virtual AGMs for the upcoming proxy season in response to the COVID-19 outbreak.
Podcasts
On Episode 9: Check Your Privilege, Adam Goldenberg talks to Malcolm Mercer, Treasurer of the Law Society of Ontario, about the challenges that lawyers face in fulfilling their professional obligations while working remotely. This episode is the first in a series about working from home.
This episode explores a topic of interest to everyone, not only lawyers, and although it may contain legal information, it does not provide legal advice.
On Episode 7: Force Majeure Across Canada, Adam Goldenberg speaks with Gabriel Querry and Miranda Lam about how force majeure will operate under the Civil Code of Québec and across provincial boundaries as businesses and consumers manage the impact of COVID-19.
This program qualifies for up to 0.75 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario.
Barreau du Québec Continuing Education: This program contains 0.75 hours of content. Upon completion of this podcast, contact us to request your certificate of attendance.
Dans l'épisode 4 (In French only) : Rester positif en temps de crise, Chrystelle Chevalier-Gagnon discute avec Dre Tina Montreuil, professeure adjointe au département de psychologie de l’Université McGill et clinicienne spécialisée dans les troubles anxieux, d’anxiété et de résilience devant l’inconnu et l’incertitude causée par la crise actuelle
Dans l'épisode 6 (In French only) : Ce que vous devez savoir à propos de la subvention salariale d'urgence, Chrystelle Chevalier-Gagnon discute avec Marie-Soleil Landry, associée au sein du groupe de droit fiscal, de la subvention salariale d’urgence.
*Cet épisode explore un sujet qui intéresse tout le monde, pas seulement les avocats, et bien qu'il puisse contenir des informations juridiques, il ne fournit pas de conseils juridiques.
On Episode 6: Supply Chains, Face Masks and Store Shelves, Adam Goldenberg speaks with Martha Harrison about how international trade law shapes the ways in which hospitals, supermarkets, and manufacturers respond to COVID-19, and how governments and businesses can address regulatory roadblocks to ensure that global supply chains keep moving.
This program qualifies for up to 0.75 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario.
Barreau du Québec Continuing Education: This program contains 0.75 hours of content. Upon completion of this podcast, contact us to request your certificate of attendance.
On Episode 3: Closing Time, Adam Goldenberg speaks to Chad Rogers of Crestview Strategy about the Government of Ontario's decision to order all "non-essential workplaces" to close. How will the government decide which workplaces are "essential" and which are not?
This program qualifies for up to 0.2 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario.
On Episode 2: Acts of God, Adam Goldenberg speaks to Brandon Kain and Meghan S. Bridges about the risks and benefits of using force majeure or "act of God" clauses in commercial agreements. What happens when COVID-19 makes it impractical or impossible for businesses to fulfill their contractual obligations? How will contract law shape COVID-19's impact on the supply chain as the economy slows down?
This program qualifies for up to 0.3 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario.
Dans l'épisode 2 (in French only) : La médecine des populations, Emmanuelle Poupart s'entretient avec le directeur de santé publique de l’Estrie, le Dr Alain Poirier, des mesures prises par le gouvernement dans le cadre de l’urgence sanitaire liée à la COVID-19, en précisant comment celles-ci contribuent à freiner la propagation du coronavirus.
Dans l'épisode 1 (In French only) : Faire de l’ordre dans les plus récentes mesures d’urgence du Québec, Chrystelle Chevalier-Gagnon discute avec l’ancien premier ministre du Québec, M. Jean Charest, et un avocat de droit des affaires, M. Clemens Mayr, sur la façon de naviguer les mesures annoncées le 23 mars 2020 par le gouvernement du Québec afin de réduire au minimum l’ensemble des services et activités qui ne sont pas prioritaires dans l’objectif de ralentir la progression de la COVID-19 dans la province.
Ce programme a été reconnu à titre de formation admissible pour une durée de 0,4 heure sous le régime de formation continue obligatoire de l’Ontario.
On Episode 1: Inside the Cabinet Room, Adam Goldenberg is joined by the McCarthy Tétrault Strategic Advisory Group. Together, Jean Charest, Wayne Wouters, and Paul Zed discuss how governments are (or aren’t) using their emergency powers to confront COVID-19 and how businesses should work with government for economic support.
This program qualifies for up to 0.3 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario.
Webinars
COVID-19 Response Planning
We look forward to you joining us online for our panel discussion on navigating the risks associated with the COVID-19 outbreak and to answer your most pressing questions.
Client Solutions
Distressed Transactions
Timing is crucial in a distressed business scenario. As the economic fallout from the COVID-19 pandemic progresses, we will help you quickly and successfully navigate the challenges and opportunities arising from distressed transactions.
Learn more about this client solution
Assessing Contract Terms, Including Force Majeure, Using AI
Businesses worldwide and across all industries are looking to revisit existing contracts, particularly force majeure and other contract provisions (including termination, indemnification, insurance provisions and more) to identify areas for relief. By engaging our MT>3 division, we will help you find innovative solutions to protect your business, including leveraging technology to undertake review of your contracts significantly faster than traditional, low-tech, corporate-based review and have greater accuracy, flexibility and efficiency.
Learn more about this client solution
Supply Chain Stabilization Solutions
Stabilizing your supply chains quickly is critical in sustaining business operations now and going forward. McCarthy Tétrault is here to help with a holistic assessment and stabilization plan for your supply chain providing insights based on our industry and cross-sectoral experience.
Learn more about this client solution
Annual General Meetings
In response to public health and safety concerns arising from the COVID-19 outbreak, many public companies must explore innovative options for holding their Annual General Meetings in order to meet their legal requirements. The options available come with unique challenges and risks. Let us provide the legal guidance needed to properly evaluate the options and mitigate risk so that you can decide what is best for your organization.
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COVID-19 Response Checklist
We have developed an integrated, issues-driven checklist as a framework for considering how to respond to the effects of COVID-19. The checklist will be tailored to businesses and industries, ensuring that organizations consider the impacts most relevant to them in approaching recovery and reshaping your business to ensure long-term business success.
Learn more about this client solution
Mitigating Compliance Risk in Gaming
Gaming organizations must prepare to respond to the unprecedented compliance and anti-money laundering (AML) risks likely to arise in the aftermath of COVID-19 when operations resume. Led by some of North America’s leading AML and compliance experts in the gaming industry, MT❯Play delivers solutions to the full spectrum of compliance challenges in this environment and beyond.
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Gaming in the Era of COVID-19
April 17, 2020
The COVID-19 pandemic has created unprecedented social and economic uncertainty. The hospitality and leisure industry has been among the hardest hit sectors of the global economy and traditional land-based gaming organizations are facing extraordinary financial pressures.
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