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Changing landscape of Canadian takeover law

Thursday, January 26, 2017 @ 7:00 PM | By Éric Azran and Patrick Desalliers

Over the past decade we have witnessed a surge of global corporate takeovers that have challenged the Canadian legal system with respect to assessing the rights and obligations of the implicated parties. What are the directors’ fiduciary duties in such situations? What elements should they evaluate in the takeover context? Can they prefer the interests of some stakeholders over others?

The Supreme Court rendered its landmark decision in BCE Inc. v. 1976 Debentureholders 2008 SCC 69. The facts of the case are as follows: the BCE...