M &A litigation is an increasingly important risk in corporate transactions in Canada. For dealmakers, boards and advisors, understanding the legal landscape is critical to managing transaction risk.

A new resource examining how disputes arising from mergers and acquisitions are litigated in Canada has been published as part of the latest edition of Lexology In-Depth: Mergers & Acquisitions Litigation.

The Canadian chapter was authored by Robert Brush, Michael Byers, and Charlotte Conlin of Crawley MacKewn Brush LLP, together with Rebecca Cochrane of Wildeboer Dellelce LLP. The chapter provides a practical overview of the Canadian legal framework governing litigation that can arise from M&A activity.

Among the topics examined in the guide are:

  • The Canadian legal and regulatory framework governing M&A disputes, including the role of securities regulators.
  • Common shareholder claims, including oppression claims, derivative actions, and misrepresentation allegations.
  • Post-transaction disputes between deal counterparties, such as claims relating to representations and warranties, purchase price adjustments, earn-outs, and material adverse change or material adverse event clauses.
  • Cross-border litigation considerations.

Read the full Canadian chapter on M&A litigation here.

Crawley MacKewn Brush LLP and Wildeboer Dellelce LLP’s lawyers are active participants in the M&A community, including through membership in the M&A Club and as founding contributors to M&A Risk Advisor.

The content of this website, including the articles, is provided for summary informational purposes only, and should not be regarded or relied upon as advice, either generally or with respect to any particular or specific situation.