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ICBC and Corporate Law
Of the provinces, BC has the second highest average cost for mandatory car insurance (second to Ontario, as of 2014). And the rates continue to rise. They are projected to increase by as much as 40% over the next three years. Despite this, ICBC’s mandatory car insurance program operates at a loss, sustained in large […]
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 […]
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 […]