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Inside Internal Controls

News and discussion on implementing risk management

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liability

Supreme Court clarifies test for personal liability of directors for oppressive conduct

The general principles articulated by the Supreme Court may help guide directors and counsel in considering whether corporate conduct could lead to personal liability in future cases.

 

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Saskatchewan court upholds electronic waiver as enforceable

The decision in Quilichini v Wilson provides affirmation to business owners (especially those in the recreational industry) that a well–drafted electronic waiver and release that is properly presented in an understandable format will likely be held to be enforceable.

 

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Charitable gifting: Preparing for the big IF

It is one of the more interesting aspects of practising law that allows lawyers to consider the situation when two laws designed for different purposes intersect. Sometimes these differences can cause difficulties, but when used creatively they can be the key to solving difficult problems. One such intersection involves a gift given with a condition subsequent and the revocation tax.

 

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Keeping on top of legal requirements: How can I identify legal risks?

There are hundreds of thousands of federal, provincial and municipal statutes and regulations. Laws and regulations exist for virtually every aspect of an organization’s operations—incorporation, employment, safety, environmental, contracts, intellectual property, privacy and so forth. Organizations of all sizes need to be aware of their legal environment and regulations and laws that affect them…

 

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Taking matters into your own hands: dissolving before the government does it for you

Readers will know that the new Canada Not-for-Profit Corporations Act came into effect in 2011, bringing the regulation of not-for-profits into line with modern corporate legislation. This carries with it the onus to apply for continuance under the new Act by October 2014, or be dissolved.

 

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Protecting your business from legal risks: a brief overview

For any business owner comes the responsibility to protect your assets and the reputation of your business. As you may know, reputation is everything when it comes to generating new clientele and keeping your existing clients. The implications to a business because of false or legitimate claims can be significant and in some cases can cause it to close entirely. Protecting your business and reputation from any such claims therefore needs to be considered at the planning stage, and regularly reviewed.

 

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Do you have or need cyber risks insurance in case of a cyber attack?

A growing number of companies are investing in cyber risks insurance, which offers a degree of protection against the consequences of cyberattacks such as hacking, business disruptions and digital data breaches. Organizations are increasingly buying insurance to protect against losses from computer breaches.

 

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Cyberlibel – Why your interactive website might expose you to liability

If you operate a website with interactive capabilities, such as a chat room, a blog, or even if you provide your readers with the option of posting their comments on your website, you may be held liable by a Canadian court for defamatory comments posted by anonymous strangers on your website.

 

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