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Corporate Law Reform: Focusing on Issues that Matter via C.D. Howe Institute

Ed Waitzer - Publications

Corporate Law Reform: Focusing on Issues that Matter

From: Edward Waitzer and Douglas Sarro

To: The Hon. Navdeep Bains, Minister of Innovation, Science, and Economic Development

Date: September 6, 2019

Re: Corporate Law Reform: Focusing on Issues that Matter

A striking feature of corporate governance law reform is the steady flow of new controversies and consequential regulatory proposals.

Corporate law has spawned a governance reform industry that has become adept at feeding itself, most often with regulatory initiatives that are, at best, symbolic – as outlined by Marcel Kahan and Edward Rock, they certainly cannot be explained by their relevance to improving either corporate governance or performance.

Historically, such reforms have been effected through regulatory policy or “soft law.” Actually, amending corporate (and other commercial) law statutes in Canada has been a rare occurrence, as there tends to be little political currency in such efforts.

 

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