Torys LLP

PE Pulse 2022

Our third annual survey of Canadian private equity & pension fund leaders takes a pulse on the industry & what’s next for private equity in Canada. PE Pulse 2022 discusses the outlook for dealmaking, valuation trends & sectors of interest, plus how economic & geopolitical headwinds affect the sector

Employment litigation trends to watch in 2022

2021 was full of legal developments in employment law which will have important impacts on the workplace. As we kick off 2022, we discuss three significant employment litigation trends businesses will want to keep in mind.

What’s ahead for business disputes in 2022

In 2021, Canadian courts saw a variety of cases related to the pandemic and otherwise. Precedent-setting rulings from last year which will have implications for organizations in 2022 include significant developments in contract law, employment law and other areas of disputes.

The screen scraping risk landscape in North America: regulatory and litigation developments

As businesses continue to seek to leverage big data for growth & investment purposes, the legality of scraping data from websites is increasingly being examined by regulators. Several recent cases have highlighted the privacy, contract & copyright risks associated with this form of data collection.

The rise of voluntary carbon markets

Voluntary carbon markets are poised for explosive growth in 2022. Over 40% of these firms plan to use offsetting as a strategy to achieve their Net Zero commitments. The World Bank, says this growth in voluntary corporate commitments is the main driving force behind increased carbon credit demand.

Executive compensation: what is top of mind for boards in 2022?

This time last year, boards and compensation committees were primarily focused on how best to incentivize their management teams during the pandemic in the face of fluctuating share prices and uncertainty in financial performance. During 2021, we have seen evidence of recovery in many markets.

Key priorities for boards in 2022

The role of directors is more interesting and challenging than ever—the dynamic nature of the pandemic and shifting global markets mean continued uncertainty and persistent evolution in the way corporations do business. Below are six priorities for directors as they navigate this disruptive time.

Expect increased regulatory focus on “buy now, pay later” financing

“Seismic shift in financial services”, “fastest-growing payment option” & “explosive growth” are terms that have been used to describe the buy now, pay later financing market. This has prompted Canadian and international regulators to closely examine the impact of this popular financing product.

Developments in Canadian tax to watch for in 2022

Canada, like other countries, continues to introduce and adopt various measures to strengthen tax rules, including initiatives developed by the OECD as part of its base erosion and profit shifting plan. This article summarizes the key tax proposals that the government has announced will be adopted.

2022 Restructuring trends: the status quo of having no status quo

Conventional wisdom holds that the economy works in a 7-year cycle and that insolvencies experience 3½-year booms, followed by 3½-year busts. Yet unprecedented government intervention has thrown this notion of a predictable 7-year economic cycle into disarray. Here are five observations for 2022.

Emerging trends in Canada’s innovation economy

Canadian tech thrived in 2021. We saw record valuations, increased interest from U.S. investors and a healthy number of companies going public. The average valuation for venture-backed companies climbed by 215% from 2020. This immense capital supply added fuel to a maturing ecosystem.

Canadian M&A outlook for 2022

On its face, record-breaking M&A levels in Canada in 2021 appear to be setting the stage for an eventful year in deal-making in 2022. However, deal activity is only part of the story of 2021 for dealmakers in Canada. M&A this year will be shaped by a diverse range of drivers.

A blockbuster year for private equity

In 2021, the volume of Canadian domestic M&A activity by financial investors reached a five-year high, as financial players put capital to work in a frothy deal environment. Here we examine such trends and make a few market predictions for the year ahead.

First-time Funds Series

What should you know before setting up a private fund for the first time? Watch our panel series on first-time funds, where members of Torys’ Private Equity team discuss the process of launching a first-time fund stage by stage, with key considerations and practical takeaways highlighted throughout.

Real estate and open-ended funds: latest trends

In the current climate, real estate, infrastructure & other longer-term investments are gaining popularity among private equity investors. As a result, new trends are emerging with respect to fund types—one example is the open-ended real estate fund. Here we examine this growing phenomenon.

Life Sciences: Vavilov and the new regulatory environment

Life sciences is a highly regulated industry which has seen exponential growth over the last several years. There is a host of approvals, regulations & compliance that must be contended with. And with more eyes than ever focused on the sector, regulatory oversight remains a top business priority.

Technology: Alberta’s tech sector momentum

The growth of Canada’s tech sector has been on a path of acceleration. The tech sector’s presence is now being felt nationwide. Alberta in particular is experiencing rapid growth; attracting tech startups, leaders & emerging companies. Here we explore the drivers of Alberta’s tech sector momentum.

Retail: Selling consumer products online to Canadians

Even as the pandemic wanes, consumers continue to shop online more than ever & companies have responded with a heightened focus on & further investment in their digital offerings. Here we outline some considerations for companies looking to make direct sales to Canadians through online means.

Media and communications: Risks of liability emerging for online platforms in Canada

With remote business gaining significant traction in the last few years, many companies have transformed & advanced their digital strategies, such as online commerce. While new opportunities for industry participants have emerged with the expanding digital reach, new areas of risk are also emerging.

The calm before the insolvency storm?

Retail trade, accommodation & food services were sectors anticipated by many to face the most short-term hardship due to the pandemic. But that hasn’t translated to increased insolvency filings in these sectors. Here we examine the challenging and volatile times ahead for such industries in 2022.

Key forces driving change in the North American transportation sector

Supply chain snarls, increased focus on climate change & broad new regulatory initiatives: these forces are transforming the North American transportation sector post-pandemic. Here we examine the challenges and opportunities likely to affect business & transaction activity across the industry.

Mining: Mining sector unleashed

The mining sector is emerging from the pandemic from a position of strength driven by strong commodity prices & new drivers of investment & transaction activity. Here we examine the developments underscoring the transformation that is underway in Canada’s vibrant mining sector.

Oil and gas: Green shoots take hold in the Canadian oil patch

Canada’s oil & gas industry is witnessing positive momentum. Energy companies are pursuing M&A and capital markets opportunities while reducing their carbon footprint. These developments signal great optimism within the sector; part of an ongoing commitment to high environmental & social standards.

Virtual power purchase agreements: A net zero strategy

Against the backdrop of worldwide ambitions to reach net zero emissions by 2050, Canada’s renewable energy industry is undergoing significant change. Renewed interest in private power purchase agreements is emerging. Here we explore the mechanics of PPAs and the latest market trends in Canada.

Open-ended funds: Pros and cons for GPs

Sharing insights from our experience with open-ended private market funds while representing general partners/sponsors and limited partners/investors in North America, the final chapter of our series on private market funds sets out pros and cons of leveraging this increasingly popular fund type.

Trends in financial services: M&A and capital markets

Across financial services, deal activity has remained strong as financial institutions explore emerging opportunities to invest capital & refine their digital platform strategies. The capital markets landscape is also evolving, with market participants exploring innovative ways to raise capital.

Financial Services: Regulatory developments in the financial services sector

Businesses dealing with banks will soon benefit from consumer protection provisions which previously served to protect individual bank customers. These issues raise several regulatory, governance and operational considerations for participants in the sector. Here we examine such developments.

The Next Wave of Innovation in Canada

The accelerated pace of innovation is transforming companies across sectors & generating new opportunities for Canadian business. In this report we explore how innovation is transforming sectors & raising new transactional & risk considerations for market participants looking at such growth areas.

Real Estate and Technology

The impact of COVID-19 has caused great disruption in real estate while also accelerating the use of technology across the industry. Startups are increasingly being engaged across various sectors of commercial real estate. Below we discuss examples of how tech is transforming the real estate sector.

Innovations in Resources, Energy and Infrastructure

Natural resources, energy & infrastructure players in Canada are embarking on transformational innovations to their operations and systems as technology entrenches itself into their industries. Here we examine key growth sectors along with opportunities and challenges within the energy industry.