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Publications

August 9th, 2018

Statutory Liabilities of Directors: Marking the Risk Areas to Avoid Sliding out of Control

In our last article, entitled “Beyond the Duties of Care and Loyalty … the Civil Liability of Directors”1, we dealt with the civil liability regime that sanctions civil faults2 committed by directors. When damage ensues from such a fault, the victim is entitled to claim compensation. Statutory liabilities are of a different nature. We touched on […]

Publications

August 9th, 2018

The Post-Loss Investigation: the Insured’s Obligation to Come Clean

The law provides that following a loss, the insured is obliged to cooperate with the insurer during the latter’s investigation, to answer its questions and to inform it of all circumstances surrounding the loss1. The law also provides that any deceitful representation by the insured entails the loss of the right to be indemnified for […]

Publications

August 9th, 2018

Unenforceability in the U.S. a Non-Starter When Google Returns to the BC Supreme Court

In the most recent development in the judicial saga surrounding the decision of the Supreme Court of Canada in Google Inc. v. Equustek Solutions Inc.,1 Google’s continuing efforts to oppose the extraterritorial scope of the injunction rendered against it by the Supreme Court of British Columbia have been thwarted (the “Canadian injunction”). This injunction was granted against Google […]

Publications

August 6th, 2018

What Are the Issues Surrounding the Legalization of Recreational Cannabis for the Damage Insurance Industry?

The Government of Canada recently announced that Bill C-451 on the legalization of recreational cannabis ("Federal Cannabis Act") and its regulations will officially come into force on October 17, 2018. In this context, the insurance sector only has a few months to adapt to this new legislative framework. This article provides an overview of the main […]

Publications

July 24th, 2018

Beyond the Duties of Care and Loyalty ... the Civil Liability of Directors

In our first article on governance, entitled “Duties and Obligations of Directors: a Brief Overview”1, we summarized the main concepts underlying the duties and obligations typically associated with directors, i.e.: the duty of prudence and diligence (the “duty of care”) and the duty of loyalty – duties that are often associated to fiduciary duties at […]

Publications

July 23rd, 2018

Coming to Canada: Do Your Foreign Workers and Students Have to Provide Biometrics?

The start of the school year is approaching, and your institution may be planning to welcome foreign students, or perhaps you have a business project that entails hiring foreign temporary workers. In either case, you should know that the Government of Canada is expanding the requirement for foreign nationals to provide biometrics (fingerprints and a […]