Directors’ and Officers’ Liability Claim Example – Supplier

Sunview Doors Limited v. Pappas 2010 ONCA 198, Released 16 March 2010, here – allegation of breach of contract for unpaid accounts following bankruptcy, but also an allegation of breach of trust against two directors and an office manager  “pursuant to the combined operation of s. 8 (statutory trust) and s. 13 (pierce the corporate veil)” of the Construction Lien Act (“Act”)”, with this s. 13 ultimately creating joint and several liability. Supplier was successful. My rough guess at total Loss – $110,000.

Greg Shields, Partner, Mitchell Sandham Insurance Brokers, 416 862-5626, gshields@mitchellsandham.com

CAUTION: The information contained in the Mitchell Sandham website or blog does not constitute a legal opinion or insurance advice and must not be construed as such. It is important to always consult a registered insurance broker and a lawyer who is a member of the Bar or Law Society of the relevant jurisdiction with regard to this material before making any insurance or legal decisions. All comments and opinions are copyrighted by Mitchell Sandham Inc. and may not be reproduced in any form for commercial purposes without the express written consent of Mitchell Sandham Inc. Anyone seeking to link this site from any external website must receive the consent of Mitchell Sandham Inc. by sending an e-mail to gshields@mitchellsandham.com.

Posted: 10/28/2010 12:00:00 AM by Global Administrator
Filed under: breach, Canadian, claim, contract, corporate, D&O, Directors, example, Liability, of, Officers, Piercing, Statutory, Supplier, the, trust, veil


Comments
Blog post currently doesn't have any comments.
Blog posts

Tags

-, &, (British, (Supreme, :, 168, 198, 31-103, 41-101, 41-103, 45-102, 45-106, 51-102, 51-106, 52-109, 65, A, AB, Accident, Accountant, accountant’s, Acquisitions, Act, action, adequacy, Adequate, Advice, advisor, Advisors, Aggregate, aHead, Al, Allocation, amendments, AML, and, anti-bribery, anti-money, Appeal), arbitration, Articles, asked, asset, Attacks, auditor, Auto, Aviva, Avoiding, awareness, backup, Bank, bankruptcy, Banks, bcca, benchmarking, Benefits, Bill, Bond, breach, Breaches, Bribery, Brito, broadband, Broker, Brokerage, Brokers, Business, Bylaws, BYOD, C-28, c-45, Canac, Canada, Canada), Canadian, Car, care, Cars, case, cause, CBC, certification, CFPOA, CGL, Chartis, CI, City, claim, Claims, class, clients, Collar, Collections, Columbia, Commercial, commmunications, Community, company, Competition, Compliance, conditions, Conference, consumer, Continuity, contract, Contractors, Contractual, Control, Corporate, Corruption, Costs, Cottage, Court, Coverage, coverages, Crime, Crime , Cromwell, CSA, CSPE, Curruption, Cyber, CyberRisk, Cyber-Security, D&O, Damage, DANDO, Data, Dealers, Decision, decisions, defence, Defend, Designers, DesignThinkers, Director, Directors, directors’, Directorship, disclosure, dishonesty, dismissal, driving, Duties, duty, E&O, eando, election, Elite, Embezzlement, EMD, employee, Employment, Energy, enough, Entity, EPL, Errors, example, Examples, Excess, Executive, Executives, exempt, Extortion, Facie, FCPA, FIB, fidelity, fiduciary, Financial, fines, Fischer, Flooding, Follow-Form, for, franchise, Franchisor, Fraud, fund, Funding, Funds, Game, gatekeepers’, General, Governance, Graphic, Greg, Griffiths, Growth, Hacking, Head, health, high, Home, Homes, Housing, How, HR, human, IBC, Identity, IFRS, IG, IMAX, in, Indemnification, Independent, indeterminate, Individuals, Information, Injury, Insider, Institution, Institutions, Insurance, investigation, investigations, Investment, irectors’, is, IT, J, Jobs, jolian, K&R, Karigar, Kevin, Kidnap, Kitchen, LaCroix, laundering, lawyers, Layering, Learn, Liability, limit, limits, lines, Litigation, long, Long-Term, look, Loss, M&A, Magazine, Managament, Management, Managers, Mansions, market, Media, mediation, Mergers, misrepresentation, Mitchell, month, Morrison, Mortgage, MTO, much, mutual, National, negligence, net, Network, new, News, NI, Niko, Non, notice, occupational, Occupy, Occurrence, ODL, of, officer, Officers, officers’, Offices, OHSA, Omissions, Ontario, OSC, Outside, PanamaPapers, Partners, Payments, PCMLTFA, penalties, Pennyfeather, Pension, Personal, Physician, Piercing, PIPEDA, Plan, PlatinumPro, policy, Practices, premiums, Presumptive, Prevention, pricing, Prima, Priority, Privacy, Private, products, Professional, Profit, program, Properties, Property, proposed, prospectus, Prosperity, Protection, protections, Ransom, reasonable, receivership, Recovery, Registered, regulatory, Reputation, Reputational, rescission, resident, Resources, restoration, Retail, review, RGD, Rgesitered, Risk, Rosen, rules, Ryan, SABS, Safety, sandham, scc, Seasonal, secondary, Secruity, Secuirty, securities, securitized, Security, Service, Severability, sewer, Share, Sherbourne's, Shields, Side, Silver, sino-forest, Small, SNC, SNC-Lavalin, Social, Society, Solar, solicitor-client, Sponsor, Ssndham, statistics, Statutory, Stores, storm, Subsidy, Supplier, Support, Supreme, Tagged:, tail, the, theft, Threats, Timminco, Tips, tires, to, Top, Toronto, Trading, trapeze, trust, tsx, UK, Uninsured, unique, v., Valuable, Valued, vehicle, veil, watch, Water, Whistleblowing, White, Wiki, Willis, Wine, Winter, within, without, worth, wrongful, XBRL