Corporate Indemnification and Directors’ and Officers’ Liability in Canada

There is not a lot of Canadian precedent regarding corporate indemnification of directors and officers, and therefore, I would like to bring your attention to Jolian Investments Limited v. Unique Broadband Systems Inc., 2011ONSC3241, here. Some may consider this a win for directors and officers, because Marrocco, J., held that the corpor...
Posted: 5/25/2012 9:20:24 AM by MSI

Asked to be on a Board of Directors?

What are the next steps? Personal contractual indemnification from the corporation (don’t just rely on the bylaws),   Determine biggest risk from the operations and make sure they are adequately insured and other risk management tools are in place and active for these exposures,   Request a copy of the ...
Posted: 5/18/2012 2:44:41 PM by MSI

Investor Protection

Exempt Market Dealer: Private Issuer and the Accredited Investor There are changes afoot. The issues include, but are not limited to, proposed amendments to National Instrument 45-106 and its definitions of Private Issuer and Accredited Investor Exemptions; and Trapeze Asset Management. The Canadian Securities Administrators (CSA) completed pu...
Posted: 5/16/2012 4:30:16 PM by MSI

The Importance of Communication

The importance of communication is critical between broker and client.  Ryan Mitchell was featured in Canadian Underwriter Magazine speaking about communication with clients and the role of social media.  To read the full version of the article please click here.
Posted: 5/3/2012 11:37:04 AM by MSI

Systemic Loss

Here is some new press that should be viewed as a great reminder of risk of systemic loss in any industry.  It is also a great example of an accepted practice being judged in hindsight as unacceptable. MetLife Settlement Near $500 million, here.  This is the CBSNEW.com version, but there are many others available.   As fa...
Posted: 4/26/2012 2:48:22 PM by MSI

Fund Management Risk and Class Actions in Canada

This recent decision by the Court of Appeal For Ontario will (or should) have fund managers and other regulated professionals on the edge of their seats. On January 27, 2012, in Fischer v. IG Investment Management Ltd., 2012 ONCA 47, here, Justices Winkler C.J.O., Epstein J.A. and Pardu J., determined that both lower courts erred in their consid...
Posted: 2/16/2012 4:27:10 PM by MSI

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