Canadian Privacy Breaches

Grey Swan Advisory just released an article written by Murn Meyrick outlining Privacy Breaches specific to Canada.  The article outlines Canadian specific examples of recent privacy breaches and the damages that have been incurred.  Canadian companies are now experiencing first-hand the repercussions of a security breach.  If you ...
Posted: 1/30/2013 1:50:09 PM by MSI

Crackdown on the Gatekeepers

There are two major cases in Canada regarding liability of the “gatekeepers”. Here, is Castor Holdings, and here is Hercules. Hercules is one of the most cited cases in Canadian law, and it significantly reduced the professional liability risk faced by the gatekeepers. Castor is a new Quebec court decision, but if it stands up...
Posted: 12/5/2012 9:25:45 AM by MSI

Rules for Election of Directors of TSX Listed Entities

A new rule comes into effect for 2013 for TSX listed companies. Such entities will be required to vote on individual people, (not by slate), on an annual basis (not staggered), and communicate election practices regarding director voting. This looks like just another compliance requirement for an overburdened administration team, because I cann...
Posted: 11/1/2012 11:09:46 AM by MSI

Jurisdiction in Canadian Securities Law - We don’t follow Morrison v. National Australia Bank

Morrison is a big US Supreme Court decision because it limited the reach of US securities laws to trades occurring on US markets. Until June 2010 and the Morrison decision, “Foreign” cases, commonly called “F3” or “foreign-cubed”, would mean that a foreign investor, in a foreign-domiciled company, purchasing...
Posted: 6/1/2012 8:49:54 AM by MSI

Bill 168 and Corporate Governance in Canada - Between a Rock and a Hard Place

Bill 168, here, amended the Occupational Health and Safety Act, here, to add new workplace violence rules. As most enterprise risk management is driven by policies and procedures, many internal and outside lawyers have been creating company rules to help demonstrate compliance with the new laws. The intent is to put the onus on management to ...
Posted: 5/30/2012 4:53:17 PM by MSI

Corporate Indemnification and Directors’ and Officers’ Liability in Canada

There is not a lot of Canadian precedent regarding corporate indemnification of directors and officers, and therefore, I would like to bring your attention to Jolian Investments Limited v. Unique Broadband Systems Inc., 2011ONSC3241, here. Some may consider this a win for directors and officers, because Marrocco, J., held that the corpor...
Posted: 5/25/2012 9:20:24 AM by MSI

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