This paper considers Canadian provincial securities legislation in respect of issuer bids. Particular attention is paid to the exemption that permits issuers to repurchase securities by private agreement without making an offer to all holders and offshore selective buy-backs (where the shareholder with whom the issuer proposes to deal on a selective basis is outside the jurisdiction).
Taking AIM at the Mithaq Decision: A Critique
May 28, 2024 - The recent decision of the Ontario Capital Markets Tribunal to allow a defensive private placement amidst a battle for control places another nail in the coffin for hostile bids in Canada In a perplexing decision, Mithaq Canada Inc (Re), the Ontario Capital Markets Tribunal...
Jan. 26, 2024 - Important guidance on “acting jointly or in concert” in a proxy contest was provided by the British Columbia Securities Commission (Commission) in NorthWest Copper Corp. (December 22, 2023). The Commission declined to find a joint actor relationship between a dissident and another...
