decade. The same is true globally, and this impacts Canadian 
companies more and more as they continue to move into 
new and emerging markets. Perhaps more important is the 
increasing level of regulatory enforcement. Obvious and very 
public examples of growing regulatory enforcement in Canada 
and elsewhere include anti-money laundering and bribery and 
corruption.

Risks associated with technology are considered by GC to 
be significant in Canada (number 3 risk) and globally (number 
2 risk). The growing concern related to data and privacy 
breaches through loss of electronically stored information, 
breached IT security and cybercrime is an understandable 
and very real concern. The value of information obtained and 
stored by companies has never been more appreciated and, 
therefore, more at risk. Like many other risks, the reputational 
exposure from a data breach can be severe and litigation can 
be expected after a loss of data. 

Managing disputes

Disputes have always been an occupational hazard of 
operating a business. Not surprisingly, disputes are a major 
part of the GC’s job. This is true in Canada as well as globally. 
For example, in Canada, 41% of GC thought that there 
are now more disputes compared to five years ago and 
32% believed that the volume of disputes was unchanged. 
Globally, this trend is repeated with 51% of GC believing that 
the number of disputes will increase in the next five years. 

When looking at the types of disputes an organization 
faces, there are few indications of relief from the onslaught 
of litigation. In Canada, employment, regulatory and 
contractual disputes are seen by most GC as increasing. 
More significantly, regardless of the issue, GC in Canada see 
little likelihood that the number and impact of disputes will 
decrease (see chart).

Increasing 

Unchanged 

Decreasing 

51% 

49% 

47% 

37% 

29% 

28% 

26% 

26% 

26% 

23% 

11% 

45% 

49% 

44% 

59% 

68% 

70% 

66% 

67% 

74% 

73% 

89% 

0% 

10% 

20% 

30% 

40% 

50% 

60% 

70% 

80% 

90% 

100% 

Employment 

Regulatory 

Contractual 

Consumer claims 

Fraud 

Competition/anti-trust 

Intellectual property 

Investment or

transaction related 

Tax related 

Securities 

Professional negligence 

Expected change in the frequency of disputes

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms 
affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

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At Risk 

 

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Volume 7, No. 1