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John M. Mercury

Executive Chair & M&A Lawyer | Cross-Border Transactions

Executive Chair & Chair of the Board

James T. McClary

Private Equity and M&A Lawyer at Bennett Jones Calgary

Partner

Ian C. Michael

Corporate Lawyer at Bennett Jones Toronto

John Mercury, James McClary, Bryan Haynes, Ian Michael, Kristopher Hanc and Drew Broughton write the Canadian chapter in Lexology's global guide on Getting the Deal Through—Private M&A 2023. They look at the key trends, opportunities, challenges and risks that strategic decision makers need to consider when investing in Canada.

Getting the Deal Through in Private M A in Canada

Getting the Deal Through in Private M&A in Canada

Gary S.A. Solway

Technology, Media & Corporate Lawyer | Governance

Munaf Mohamed KC

Commercial Litigation & Economic Crimes Lawyer | Trials & Appeals

Lead Director and Partner

Gary Solway, Munaf Mohamed, John Mercury, Michael Mysak and Paul Romaniuk write "Ten Takeaways for Buyers and Sellers in Private M&A Transactions" in CVCA Central.

Ten Takeaways for Buyers and Sellers in Private MA Transactions

Ten Takeaways for Buyers and Sellers in Private M&A Transactions

John Mercury, James McClary, Bryan Haynes, Ian Michael, Kristopher Hanc and Drew Broughton provide a comprehensive and up-to-date overview of private M&A in the Canada chapter of Getting the Deal Through—Private M&A 2022.

Getting the Deal Through Private M A in Canada 2021

Getting the Deal Through—Private M&A in Canada 2022

A private M&A purchase agreement customarily includes extensive representations and warranties and indemnification provisions. Post-closing, if the buyer alleges a breach of those provisions claiming significant damages, and the seller disputes that allegation, that dispute could end up before the courts for resolution.

Ten Takeaways for Private MA Sellers and Buyers in Canada from Recent Court Decision

Ten Takeaways for Private M&A Sellers and Buyers in Canada from Recent Court Decision

Daniel (Dan) R. Chubb

Corporate Commercial Lawyer at Bennett Jones Edmonton

Joan Bilsland

Knowledge Management Research Lawyer at Bennett Jones

Knowledge Management Research Lawyer

Luke Stretch

Commercial Real Estate Lawyer at Bennett Jones Calgary

Associate

Canadian courts generally treat real estate deposits as forfeitable upon a purchaser&rsquo;s default, distinct from unenforceable penalty clauses. However, under the Redstone factors, courts may grant relief from forfeiture where a deposit is grossly disproportionate to the vendor&rsquo;s damages or where retaining it would be unconscionable in the circumstances.

When A Deposit Becomes A Penalty

When a Deposit Becomes a Penalty: Relief From Forfeiture in Real Estate Transactions

Simon P. Crawford

Leading Commercial Real Estate Lawyer at Bennett Jones Toronto

Dana Talucci

Corporate Commercial Practice at Bennett Jones Toronto

Hennadiy Kutsenko

Tax Lawyer at Bennett Jones Toronto

A court decision on the sale of mixed-use property highlights the risks of failing to allocate purchase price between residential and commercial portions for HST purposes. The ruling underscores the importance of precise drafting and obtaining representations to avoid uncertainty and tax disputes.

Mixed-Use Mixed Signals Why Purchase Price Allocations Matter

Mixed-Use, Mixed Signals: Why Purchase Price Allocations Matter

Leanne C. Krawchuk KC

Corporate, Mining & Construction Lawyer | Capital Markets

Partner, Corporate

Private equity investment in mining has grown over the past decade, driven largely by opportunities in mining sub-industries such as materials, software and industrial machinery despite persistent risk and scalability concerns. The article analyzes global and Canadian deal trends, structures and strategies, offering insights on where PE capital is being deployed and the outlook for investors and mining companies.

Private Equity Investment in Mining

Robert W. Staley

Securities & Commercial Litigation Lawyer | Shareholder Disputes

Vice Chair and Partner

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

Sophia DiNicolo

Lawyer at Bennett Jones Toronto

Associate 

The Ontario Superior Court in Dziedziejko v Canopy Growth held that materiality may be inferred from a significant share price drop following corrective disclosure, granting leave to pursue secondary market misrepresentation claims. The decision signals a potential shift from contextual materiality analysis and raises challenges for issuers with volatile share prices. 
<div>&nbsp;</div>

Inferring Materiality from Share Price Movement Dziedziejko v Canopy Growth

Inferring Materiality from Share Price Movement: Dziedziejko v Canopy Growth

Jonathan Hillson

Commercial Litigation Lawyer at Bennett Jones Edmonton

Alex Payne

Commercial Litigation Lawyer at Bennett Jones Toronto

Prompt payment and dispute resolution reforms are changing how construction project participants are to be paid, their disputes determined and when liens are to be filed and holdbacks released.

John Mercury in Calgary Herald on Going Private Transactions in Energy Sector

From the Same Authors