Directors and Officers Liability in Canada: A Review of Exposures and Coverages Available under D&O Policies

more+
less-

Historically, the main responsibility of directors and officers of Canadian companies was to act in the best interests of their company. Accordingly, their main duty was to maximize corporate profits, and the ability to attract personal liability was, to a large extent, minimal.

Following a recent string of somewhat spectacular corporate scandals and failures in the USA and Canada, there has been a proliferation of debate and law reform designed to widen the scope of director’s duties. Since the reforms, directors owe expanded duties to shareholders, employees, creditors and other stakeholders. There has also been an increasing trend towards holding directors personally responsible for acts of the corporation, in an attempt to force directors to take increased responsibility for oversight of the company’s operations.

This paper examines some of the most common sources of liability for Canadian directors and officers and the relative risk presented. Next, the paper addresses the various types of D&O liability insurance available to directors and officers to minimize their personal liability. Finally, the paper reviews current legal issues in D&O liability insurance.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Clark Wilson LLP | Attorney Advertising

Written by:

more+
less-

Clark Wilson LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×