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Eliminating Corporate Personhood?
When thinking about whether to eliminate section 30 of the Business Corporations Act, I find myself considering the philosophical underpinnings of corporate personhood. Firstly, one of the reasons corporate personhood came to be was so that the corporation could live beyond the person (or persons) who control it, making corporations intergenerational, a more stable form of […]
4.3 – Discussion Activity – Ambiguities of Corporate Personality
My main takeaway from Lee v Lee’s Air Farming is that to determine whether something was a corporate act or an individual act, we should look to in what capacity the individual was acting when they undertook the act. Essentially, this means considering which “hat” an individual was wearing when they undertook the act. Given […]
4.4: Policy Justification for Hercules Managements
Although I cannot pretend to know for certain what policy reason motivated the majority of the Supreme Court in their decision in Hercules Management, I believe the decision can be amply supported on a policy of avoiding the imposition of unintended, unknown, and unnecessary liability-and also maintaining caveat emptor. Consider the implications of Hercules, if […]
Eliminating Corporate Personhood
There may be a time in the very near future, where corporations and human beings may be regarded as equals in all facets of life. If that reality spurs up, s. 30 of the BC Business Corporations Act could be eliminated. For that matter, the whole Act could be done without. However, as long as […]
Corporations and the Charter
Note 2 on page 88 on the textbook asks whether a legislature could indirectly extend full Charter rights to a corporation, and whether this has already been done. This raises really interesting questions about Constitutional and legislative amendments generally. As we’ve all seen, courts will sometimes use statutory interpretation to ‘read in’ or ‘read down’ […]
Defining a Partnership: Does Barbershop ‘Z’ Make the Cut?
In the hypothetical barbershop scenario, X and Y are co-owners of a barbershop in Ottawa and have entered into a formal agreement regarding how the barbershop will be run. The question is whether or not this agreement constitutes a partnership. Partnerships are defined in the B.C Partnership Act Section 2 as “…the relation which subsists […]
…and Critical Perspectives
Do the week 4/5 readings. Not necessarily to learn anything (YMMV), but for the marvelous spectacle of two out of three of the textbook authors parachuting in sections from other books of theirs (publication deadline, anyone?) in order to offer a “critical perspective” on what they view as the unprincipled development of the law with […]
Discussion Activity 4.1
Quick summary of corporations’ use of s.7 of the Charter: Irwin Toy- a corp CANNOT avail itself of the protection offered by s.7 of Charter; nonsensical to speak of a corp being put in jail à7 protection on a singularly human level “everyone” excludes corp and other artificial entities Dywidag Systems Intl Canada- only humans […]
Haughton and Nordile – inconsistent verdicts?
I’d like to begin this post with the caveat that I feel lost about 99% of the time that I’m doing my readings. I’m one of the people that breathed in a GIANT sigh of relief when someone asked what the difference between profit and revenue was last week. Shout out to whoever that was… […]