Common or Associated Employer Determination: Businesses engaged in a single undertaking may, in the interest of minimizing their legal risk or tax planning, conduct their business using separate legal entities. For example, a business may hold its assets in one corporate entity but hire and pay employees using a separate corporate entity that does notContinue reading “Common or Associated Employer Determination: What does this mean for you?”
Personal liability for directors and officers under section 96 of the Employment Standards Act
The Employment Standards Act (“the Act”) delineates the minimum standards that apply in most workplaces in British Columbia. It governs the employment of all employees -casual, probationary or temporary- within provincial jurisdiction, whether employed in a full time or part time capacity. The Act will not apply where the employee is a person excluded fromContinue reading “Personal liability for directors and officers under section 96 of the Employment Standards Act”
Concluding the Case for Allowing Corporations to Limit Directors’ Personal Liability
This is the fourth and final post in a series of posts on this subject. The full version of the article was published by the Institute of Corporate Directors in its Journal and as a web resource. Bad Faith and Self-Dealing I would not allow corporations to exonerate directors in the event of bad faith,Continue reading “Concluding the Case for Allowing Corporations to Limit Directors’ Personal Liability”
Reasons for Proposed Corporate Law Change to Allow for ‘Charter Option’
This is the third in a series of posts on this subject. The full version of the article was published by the Institute of Corporate Directors in its Journal and as a web resource. Encouraging Risk-Taking The main purpose of the proposed “Charter Option” – empowering corporations to limit director liability – is to makeContinue reading “Reasons for Proposed Corporate Law Change to Allow for ‘Charter Option’”
Rationale for the Current Canadian Regime of Director Liability
This is the second in a series of posts on this subject. The full version of the article was published by the Institute of Corporate Directors in its Journal and and as a web resource. The mood prevailing upon enactment of Canada’s contemporary corporate law was to make directors more, rather than less, accountable inContinue reading “Rationale for the Current Canadian Regime of Director Liability”
The Case for Empowering Canadian Corporations to Limit Directors’ Personal Liability: Revisiting the “Charter Option”
Print version available here. This article was published by the Institute of Corporate Directors in its Journal and as a web resource. THE CASE FOR EMPOWERING CANADIAN CORPORATIONS TO LIMIT DIRECTORS’ PERSONAL LIABILITY: REVISITING THE “CHARTER OPTION”((I gratefully acknowledge the assistance of my associate Gareth Carline in the organization and flow of this article.)) “[D]irectorsContinue reading “The Case for Empowering Canadian Corporations to Limit Directors’ Personal Liability: Revisiting the “Charter Option””