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discussion 7.2 – Tim Cook vs Climate Change Deniers
Had Tim Cook been head of a Canadian corporation, and had the NCPPR tried to sue him for breaching his fiduciary obligation to the company, he would have a very good argument in his favor that pursing environmental initiatives is often going to be in the best interests of the company. As Peoples and BCE […]
6.2: Corporations as Shadow Director
I think it is possible that a corporation could act as shadow director in another corporation, but there is a question as to whether or not it could be recognized by a Canadian court as being a director. In terms of acting as shadow director, it is likely that a corporation could meet the definition […]
Discussion 5.1: Reconciling Rhone and R v Fitzpatrick’s
In my opinion, the decisions in Rhone and Fitzpatrick’s are not reconcilable. In Rhone the court lays out that “the key factor which distinguishes directing minds of normal employees is the capacity to exercise decision-making authority on matter of corporate policy, rather than merely to give effect to such policy on an operational basis”. The […]
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