Foreign Corruption and Director Liability Risk in Canada

There have been few cases under Canada’s 14 yr old CFPOA – Corruption of Foreign Public Officials Act -  but the risk, to Canadian companies and their directors and executive management, of an investigation is getting far more press now than only a few years ago. Corporate Canada is not exactly widely known for disclosure and tr...
Posted: 1/10/2014 5:41:52 PM by MSI

Successful Dismissal for Addiction Dependency by Establishing Undue Hardship on Employer

When it comes to the tough decision to dismiss an alcohol or drug addicted employee, many companies spend a lot of money, incur significant management, staff and operational disruption, and risk reputational damage, just to avoid the judicial system. Well, not that I always trust the judicial system for consistent and reasonable decisions, emplo...
Posted: 5/8/2013 8:44:13 AM by MSI

Directors & Officers - Cyber Liability Review

In their paper Legal Risks on the Radar, Corporate Board Member and FTI Consulting Inc published the results of their survey of 11,340 directors and 1,957 general counsel where they ask for the top ten concerns for directors and general counsel.   Data Security was the number one concern for 55% of the general counsel and 48% of the di...
Posted: 8/27/2012 12:23:32 PM 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

Employee Theft (aka Fraud, Fidelity, White Collar Crime) in Canada

Here is another good example that Canadian companies are not immune to employee theft. The Toronto Star reports, here, of Controller Timothy Rodkin, 42, sentenced to five years for defrauding his employer, a medical research firm. The reported value of the loss was $12 million, but even with that amount of loss, in a private company, a for...
Posted: 5/22/2012 10:35:05 AM 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

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