Directors and officers can be held personally liable for the failure of their organizations to comply with statutes, to exercise due diligence and even for financial results.
These matters can be expensive to defend. They can take a long time to resolve, and they could involve significant risks to corporations and individuals.
Protect your reputation and the work you've invested in earning it. Hire lawyers who who have earned their standing as adept practitioners in this intricate area of law.
Contact
John Sullivan, 604 895 2859
Related Services
Directors & Officers Liability
Services
How We Can Help
Directors and officers of private and public companies and non-profit organizations have serious responsibilities.
Federal and provincial governments impose personal liability on directors if they fail to meet those responsibilities.
Harper Grey lawyers can help directors or their corporation determine risk, negotiate the resolution of any claims and, if necessary, represent them in trial.
Service Areas
- Assessing personal liability
- Assessing liability of individual executives and corporate exposure
- Dealing with failure to comply with the Business Corporations Act, Income Tax Act, Excise Tax Act and other legislation, including unpaid GST, payroll deductions, claims under environmental legislation, CPP source remittances, failure to remit employment insurance and unpaid wages under the Employment Standards Act
- Representing clients accused of failing to comply with statutes or industry-specific obligations
- Representing clients accused of failing to properly report or maintain records
- Dealing with corporate conflict of interest issues
- Helping to create "whistleblower" policies
Directors and officers liability issues could arise from any of these situations:
- A public company faces a claim by shareholders that it mismanaged investments, resulting in a 30% drop in share price
- The Canada Revenue Agency accuses a non-profit of having disproportionately administration costs, and not remitting HSTpayments
- A director of a private company, who also happens to be it's CEO, deliberately misleads other directors regarding company finances. The story hits the media. Suppliers, employees and creditors demand an explanation.
Innovation
Recent Success in Directors and Officers Liability
- Represented the founder of a technology company in an oppression proceeding involving anti-dilution shares
- Acted for a large private company in litigation against its former directors and officers for misappropriation of funds. In this same dispute, Harper Grey also helped the company oppose an application for liquidation, and contested proceedings to rectify its share register
- Successfully represented a former high-tech company director and officer in the appeal of a criminal fraud conviction
- Acted in a nine week directors and officers liability trial in the B.C. Supreme Court trial - one of the few such claims to go to a full trial in British Columbia
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