Class 21: The (Fiduciary) Obligations of Corporate Management #2
Lecture capture and slides below… jon
7.1(3) – Re: Professionalism
7.1(3): Discussion Question: Is requiring that a report come from a “professional” before it can be relied on in good faith by directors without potential liability as set out in People’s Department Stores Inc v Wise going too far? What are the core justifications for such a requirement of “professionalism”? Very Brief Answer: Simply speaking, […]
“Material” interest under s 147 of the BCBCA: a case study
What constitutes a “material” interest in a contract or transaction? And would a “non-material” interest be subject to the strict rule in Aberdeen Railway Co. v. Blaikie Bros.? “Material” is not defined in the BCBCA, and recent jurisprudence reveals that this area is still unsettled. In the case of Jaguar Financial Corp. v. Alternative Earth Resources Inc. […]
Corporate Persons, Minds, and Bodies
In my last semester of undergrad I took a philosophy course called “Persons, Minds, and Bodies”. It was about the idea of identity persisting over time. Essentially, we looked at the question: what makes you “now” the same person as you “later”? In simple terms, there are two camps: those who think the answer lies […]
An attempt to rationalize Teck Corp’s departure from Hogg
In Teck Corp v. Millar Justice Berger set aside the Hogg decision, which held that directors may not allot shares to frustrate an attempt to obtain control of the company, even if they believe that it is in the best interests of the company to do so. In Justice Berger’s opinion, Hogg was wrongly decided […]
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