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

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

Asked to be on a Board of Directors?

What are the next steps? Personal contractual indemnification from the corporation (don’t just rely on the bylaws),   Determine biggest risk from the operations and make sure they are adequately insured and other risk management tools are in place and active for these exposures,   Request a copy of the ...
Posted: 5/18/2012 2:44:41 PM by MSI

Investor Protection

Exempt Market Dealer: Private Issuer and the Accredited Investor There are changes afoot. The issues include, but are not limited to, proposed amendments to National Instrument 45-106 and its definitions of Private Issuer and Accredited Investor Exemptions; and Trapeze Asset Management. The Canadian Securities Administrators (CSA) completed pu...
Posted: 5/16/2012 4:30:16 PM by MSI

Displaying results 1-6 (of 8)
 |<  < 1 - 2  >  >| 
Blog posts

Tags

-, &, (British, (Supreme, :, 168, 198, 31-103, 41-101, 41-103, 45-102, 45-106, 51-102, 51-106, 52-109, 65, A, AB, Accident, Accountant, accountant’s, Acquisitions, Act, action, adequacy, Adequate, Advice, advisor, Advisors, Aggregate, aHead, Al, Allocation, amendments, AML, and, anti-bribery, anti-money, Appeal), arbitration, Articles, asked, asset, Attacks, auditor, Auto, Aviva, Avoiding, awareness, backup, Bank, bankruptcy, Banks, bcca, benchmarking, Benefits, Bill, Bond, breach, Breaches, Bribery, Brito, broadband, Broker, Brokerage, Brokers, Business, Bylaws, BYOD, C-28, c-45, Canac, Canada, Canada), Canadian, Car, care, Cars, case, cause, CBC, certification, CFPOA, CGL, Chartis, CI, City, claim, Claims, class, clients, Collar, Collections, Columbia, Commercial, commmunications, Community, company, Competition, Compliance, conditions, Conference, consumer, Continuity, contract, Contractors, Contractual, Control, Corporate, Corruption, Costs, Cottage, Court, Coverage, coverages, Crime, Crime , Cromwell, CSA, CSPE, Curruption, Cyber, CyberRisk, Cyber-Security, D&O, Damage, DANDO, Data, Dealers, Decision, decisions, defence, Defend, Designers, DesignThinkers, Director, Directors, directors’, Directorship, disclosure, dishonesty, dismissal, driving, Duties, duty, E&O, eando, election, Elite, Embezzlement, EMD, employee, Employment, Energy, enough, Entity, EPL, Errors, example, Examples, Excess, Executive, Executives, exempt, Extortion, Facie, FCPA, FIB, fidelity, fiduciary, Financial, fines, Fischer, Flooding, Follow-Form, for, franchise, Franchisor, Fraud, fund, Funding, Funds, Game, gatekeepers’, General, Governance, Graphic, Greg, Griffiths, Growth, Hacking, Head, health, high, Home, Homes, Housing, How, HR, human, IBC, Identity, IFRS, IG, IMAX, in, Indemnification, Independent, indeterminate, Individuals, Information, Injury, Insider, Institution, Institutions, Insurance, investigation, investigations, Investment, irectors’, is, IT, J, Jobs, jolian, K&R, Karigar, Kevin, Kidnap, Kitchen, LaCroix, laundering, lawyers, Layering, Learn, Liability, limit, limits, lines, Litigation, long, Long-Term, look, Loss, M&A, Magazine, Managament, Management, Managers, Mansions, market, Media, mediation, Mergers, misrepresentation, Mitchell, month, Morrison, Mortgage, MTO, much, mutual, National, negligence, net, Network, new, News, NI, Niko, Non, notice, occupational, Occupy, Occurrence, ODL, of, officer, Officers, officers’, Offices, OHSA, Omissions, Ontario, OSC, Outside, PanamaPapers, Partners, Payments, PCMLTFA, penalties, Pennyfeather, Pension, Personal, Physician, Piercing, PIPEDA, Plan, PlatinumPro, policy, Practices, premiums, Presumptive, Prevention, pricing, Prima, Priority, Privacy, Private, products, Professional, Profit, program, Properties, Property, proposed, prospectus, Prosperity, Protection, protections, Ransom, reasonable, receivership, Recovery, Registered, regulatory, Reputation, Reputational, rescission, resident, Resources, restoration, Retail, review, RGD, Rgesitered, Risk, Rosen, rules, Ryan, SABS, Safety, sandham, scc, Seasonal, secondary, Secruity, Secuirty, securities, securitized, Security, Service, Severability, sewer, Share, Sherbourne's, Shields, Side, Silver, sino-forest, Small, SNC, SNC-Lavalin, Social, Society, Solar, solicitor-client, Sponsor, Ssndham, statistics, Statutory, Stores, storm, Subsidy, Supplier, Support, Supreme, Tagged:, tail, the, theft, Threats, Timminco, Tips, tires, to, Top, Toronto, Trading, trapeze, trust, tsx, UK, Uninsured, unique, v., Valuable, Valued, vehicle, veil, watch, Water, Whistleblowing, White, Wiki, Willis, Wine, Winter, within, without, worth, wrongful, XBRL