Ryan Mitchell featured in Profit Magazine

Ryan Mitchell comments on risk management for small businesses. Click here to read the article featured in the April 2012 issue of Profit Magazine.  Discussion includes topics such as Risk Management, Directors & Officers Liability, Professional Liability, Errors & Omissions Liability, Cyber Liability, General Liability and Proper...
Posted: 4/10/2012 1:01:54 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

Director and Officer Liability without Culpability

There has always been risk of personal loss to directors, even in absence of intent to harm. Such loss is usually financial loss and not criminal incarceration. However, even though this financial loss may be limited to legal fees incurred to achieve dismissal  or settlement (at least in the situation of absence of intent), such fees can be...
Posted: 9/30/2011 12:00:00 AM by Global Administrator

Canadian Class Action Securities Claims: Legal Fees increase in Early Stage of Securities Claim

In Pennyfeather v Timminco Limited, here, the court determined that Plaintiff particulars can be compelled prior to the class action certification order, but, in turn, the statement of defence may be required prior to the order as well. In the Pennyfeather case the plaintiff did not provide particulars, and argued that defendant’s req...
Posted: 8/22/2011 12:00:00 AM by Global Administrator

Long Tail Liability for Canadian Directors and Officers

This new case, based on old alleged wrongful acts, hits home because it is a Canadian Company in the insurance industry that is active in the US but not listed on a regulated US exchange. The case involves a July 2011 class action securities suit against Fairfax Financial Holdings Limited (USA) and its Pink Sheet OTCBB trading,here. The all...
Posted: 8/4/2011 12:00:00 AM by Global Administrator

Bribery and the Board in the Insurance Broker Business

Between the FCPA, UK Bribery Act and the CFPOA there are many new cases in the bribery landscape. However, there is a very recent case involving a multinational insurance brokerage. This case is not categorized as a direct bribery issue, but rather a failure to prevent bribery. The Financial Services Authority (FSA) announced last week,here, tha...
Posted: 8/1/2011 12:00:00 AM by Global Administrator

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