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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 […]
Discussion Activity 7.3
The question here is to whom did Beatty owe a duty? I agree with the Privy Council’s decision. In my mind, the question comes down to the issue of which hat was Beatty wearing at each step of the process. Beatty was both a director and a shareholder. In his capacity as a director, he […]
Class 20: The (Fiduciary) Obligations of Corporate Management #1
Today’s video & slides…and bonus screen cap of the phishing text I received this morning and mentioned in class… jon
Class 19: The Legal Architecture of Business Governance #4
Lecture captures and slides below. Not sure why but a different format of the video comes up for me but it’s all there and is unlikely to have any substantive impact on your viewing pleasure (not that “pleasure” is at all the appropriate word)… jon
Unit 6: “Independence” (Discussion Activity 6.3)
While going through Unit 6, I vaguely remembered an article on the subject of independence that I happened to read this summer. A little Googling helped me find it: “How independent are Husky’s directors?” I found the article interesting at the time, but it’s taken on a new significance in light of this course and the things I […]
Discussion Activity 6.3: Meaning of Independence
Discussion Activity 6.3: After reading page 311 of the Casebook and reflecting on the content, it appears to me that one of the dominant justifications for the “independence” requirements for Boards is the existence of the fiduciary duty and duty of care placed on Directors in the Federal and Provincial companies Acts carry out duties/execute functions in the “best interest […]
Discussion Activity 6.1- Transferring Directorial Powers
S. 137(2)(b) provides that where the powers of the directors are transferred to another person, the directors are then relieved of their rights, powers, etc. to the same extent. Why is this section necessary and worded the way it is? One reason is, clearly, that the section will reduce confusion where the transfer was unclear […]
7.2: Am I a real lawyer now?
Since I started law school last year, every so often I have a moment where I realize that the subjects we talk about and the concepts we learn really do have an effect on how I see the world. Looking at this question, I had one of those moments. If you had told me just […]
Not all persons are individuals
Last class we discussed whether a corporation could serve on a board of directors, which culminated in us learning that in fact they cannot—rather, that privilege is reserved for real flesh and blood human beings. However, based purely on a reading of the two statutes of which we have grown so fond over these past […]