Prof. Anita Anand writes "Canadian taxpayers shouldn’t have to pay for Bombardier’s bad corporate governance"

Thursday, December 6, 2018

In a commentary in the Financial Post, Prof. Anita Anand argues that a federal bailout of Bombardier would be unwise as long as that company maintains its dual-class share structure ("Canadian taxpayers shouldn’t have to pay for Bombardier’s bad corporate governance," December 5, 2018).

Prof. Anita Anand writes "Reputation, risk and the changing role of ESG in corporate governance" in Globe and Mail

Friday, November 9, 2018

In a commentary in the Globe and Mail, Prof. Anita Anand analyzes the ways in which corporate boards need to take into account the issue of environmental and social governance – known as “ESG” ("Reputation, risk and the changing role of ESG in corporate governance," November 9, 2018).

Read the full commentary on the Globe and Mail website, or below.

Ford government decision is a step backward for investor protection

 

By Anita Anand

Globe and Mail September 25, 2018

The Ontario Securities Commission recently published a proposed rule banning certain commissions to dealers on mutual fund sales. The rule was not just Ontario’s initiative – it was a joint effort by members of the Canadian Securities Administrators (CSA), which consists of regulators from all provinces and territories. After months of discussions, which included the consideration of empirical data, the CSA finally agreed on the need to restrict certain commissions, with each of its members agreeing to implement the rule in its home province or territory.

Then, to the surprise of many, Ontario Minister of Finance Vic Fedeli expressed the government’s disagreement with the rule, ignoring the statutory process for making laws relating to the capital markets in this province. The Minister’s approach presents three problems. First, it undermines the rule-making process that is embodied in statute and has been the law for more than 20 years. Second, it fails to appreciate the important investor protection concerns that the CSA identified and sought to address. Third, it creates uncertainty in the capital markets, which the government of the day should be loath to do.

Prof. Anita Anand writes "Ford government decision is a step backward for investor protection"

Tuesday, September 25, 2018

In a commentary in the Globe and Mail, Prof. Anita Anand expresses concerns about the decision of the new Government of Ontario to oppose a reform proposed by the Ontario Securities Commission intended to improve investor protection ("Ford government decision is a step backward for investor protection," September 25, 2018).

Read the full commentary on the Globe and Mail website, or below.

M&A Fall Roundtable 2018

Program on Ethics in Law and Business

Over the past year, Canadian capital markets have witnessed a surge in M&A activity. This activity is particularly conspicuous in the energy and power sectors as well as the burgeoning cannabis industry. Legal changes have developed that impact all public issuers in the capital markets, and particularly their approach to M&A from both the bidder’s and target’s perspectives.

Prof. Anita Anand writes "Premier Doug Ford’s firing of Hydro One board and CEO disconcerting for future"

Monday, August 13, 2018

In a commentary in the Globe and Mail, Prof. Anita Anand assesses the impact of Ontario Premier Doug Ford's removal of the board and CEO of Hydro One. "This conduct is disconcerting" she writes. "Once a government decides that it can use its power to usurp a corporation’s governance, what are the limits on such conduct?" ("Premier Doug Ford’s firing of Hydro One board and CEO disconcerting for future," August 12, 2018).

Prof. Anita Anand writes "Time for the OSC to revisit its policy on no-contest settlements" in Globe and Mail

Wednesday, July 11, 2018

In a commentary in the Globe and Mail, Prof. Anita Anand assesses the Ontario Security Commission's use of no-contest settlements and argues that "We should question whether the alleged benefits of no-contest settlements, including efficiency and deterrence, outweigh the weaknesses of this enforcement program" ("Time for the OSC to revisit its policy on no-contest settlements," July 10, 2018).

Read the full commentary on the Globe and Mail website, or below.

Prof. Anita Anand writes "The importance of regulatory oversight of proxy advisory firms"

Friday, May 25, 2018

In a commentary in the Globe and Mail, Prof. Anita Anand looks at the implications of the growing influence of proxy advisory firms on corporate governance ("The importance of regulatory oversight of proxy advisory firms," May 23, 2018).

Read the full commentary on the Globe and Mail website, or below.

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