Canada: Contracts and Commercial Law

As detailed in a prior Fasken bulletin, BC Bill 4 passed into law important amendments to the BPCPA that took effect in 2025, including new restrictions on mandatory arbitration clauses, class action waivers, and contractual limits on consumer reviews. This bulletin focuses on additional, consumer-contracting and direct-sales amendments, and regulatory requirements that will take effect on August 1, 2026, giving businesses limited time to adapt.

This retrospective examines key developments in securities litigation over a five-year period, analyzing critical legal precedents that affect issuers, underwriters, and securities lawyers. The analysis covers OSC receiver appointments, underwriter indemnity rights, and the procedural complexities of securities class actions against insolvent issuers.

Shareholder disputes can destabilize corporate governance and erode company value when financial, strategic, or relational interests diverge.