In the second post in our series on Canadian directors
and officers, we consider the importance of understanding potential
D&O liabilities originating in a range of federal and
provincial statutes.
- In the second in our series for new board members, we look at
statutory liability of directors and, in particular, two common
forms of statutory liability: occupational health and safety and
environmental.
- Additional information can be found in Section 3 of our new
publication,
Directors & Officers in
Canada.
- The following discussion is focused on Ontario, but similar
principles apply in most other Canadian jurisdictions.
Where Do Directors' Duties Come From?
Literally hundreds of potential statutory liabilities could
– in principle, at least – apply to directors of
Canadian companies. While the majority of these apply only in
unusual circumstances, in certain provinces or within certain
industries, as a new board member it is important to develop