Find Lawyers in Canada for Director and Officer Liability Practice
Practice Area Overview
The Canada Business Corporations Act and analogous provincial and foreign statutes establish regimes under which the duties and responsibilities of directors and officers are defined, and liabilities are imposed for failure to act in accordance with those duties and applicable standards. In addition, a large number of other statutes in fields as diverse as securities, tax, labour, and environment also impose specific liabilities on directors and officers in order to ensure compliance by corporations with the provisions of those statutes.
Over the past 10 to 15 years, in the post-Enron era of Sarbanes-Oxley type legislation, higher standards of behaviour have been imposed on directors and officers by various legislative and regulatory bodies, such as securities exchanges, and the standards imposed on corporations and their various representatives and officials, including directors and officers, have heightened the requirements for corporate disclosure, and in doing so, dramatically increased the potential for liability of those individuals in situations where there is failure to comply with these heightened standards.
In addition, further criminal and penal sanctions have been introduced to discourage, for example, attempts to involve the corporation in corrupt business practices or fraudulent behaviour, whether domestically or abroad, such as those provided for in the recent amendments to the Canadian Corruption of Foreign Public Officials Act, and analogous legislation elsewhere.
Both the statutes and the case law relating to directors and officers liability establish parameters and limitations on the liability of directors, as well as defences such as due diligence and the Business Judgement Rule, which provides a measure of protection to directors and officers when making business decisions in the course of fulfilling their duties.
This area of practice necessarily cuts across other practice areas, such as securities law, corporate governance, insurance law, bankruptcy law, labour law, criminal and white collar litigation, as well as class action proceedings, as they relate to the liabilities of directors and officers in those areas.
Moreover, as the corporate statutes also provide generally for indemnification and in some instances insurance of directors and officers, the practice area generally also encompasses questions relating to the application of directors’ and officers’ liability insurance, and the interplay between the concepts of liability, indemnity, and insurance.
Ian Rose & Dina Raphael, Associate General Counsel, Litigation & Dispute resolution, BMO Financial Group
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For more than 35 years, Bernard Amyot has developed a practice that is primarily focused on civil and commercial litigation. He has extensive experience before the Quebec courts, having represented Canada’s leading financial institutions. He has lectured and written frequently on legal issues of interest to his clients. His professional liability defence work extends to lawyers as well as stockbrokers, insurance brokers, engineers and accountants. He has acted as lead counsel in numerou...
Jean Bertrand focuses on commercial and corporate litigation, including class actions and arbitration, and on administrative law, with emphasis on regulated activity such as competition, transportation, international trade and energy. He has appeared frequently before Quebec and federal courts, including the Supreme Court of Canada, as well as before regulatory boards such as the Commission des transports du Québec, the Régie de l’énergie, the Competition Tribunal, ...
Pierre Bienvenu, Ad. E. is a disputes lawyer with more than 35 years' experience in international commercial arbitration, corporate and commercial litigation, and constitutional law. He has acted as counsel or served as arbitrator in international arbitrations involving disputes in energy, transportation, telecommunications, mergers and acquisitions, construction, pharmaceuticals, international distribution and joint ventures, and foreign investment. A former co-chair of the IBA’s Arbit...
David Bishop is a partner at Gowlings and head of Calgary's Advocacy Group. David’s practice involves all aspects of corporate/commercial litigation with an emphasis on directors' and officers' defence, product liability, professional liability disputes, shareholder disputes, class actions, large property and industrial claims, and environmental litigation. He is familiar with all aspects of dispute resolution, including private mediations, judicial dispute resolution conferences and ar...
David Byers is senior counsel and former Co-Chair of the National Litigation & Dispute Resolution Group. David is highly experienced in complex commercial litigation, including product liability, securities, insolvency and insurance, as well as in domestic and international arbitration. David has extensive advocacy experience appearing before both the Trial and Appellate levels of courts in Ontario. His representations reflect a practice of extraordinary depth and scope, including acting ...
Cara Cameron is a partner in the Litigation practice. She has particular expertise with commercial and corporate litigation that involves shareholders rights’ disputes, white-collar investigations and defence, commercial fraud and recovery actions (including Anton Piller and asset freezing orders), as well as with multi-jurisdictional enforcement and liquidation proceedings. She has represented clients at both trial and appellate levels, including at the Supreme Court of Canada. Cara's ...
Nadia Campion's practice focuses on complex commercial litigation including shareholder oppression applications, D&O liability, estates matters, class actions and professional liability. Nadia also has an active land development and real estate litigation practice. Nadia has extensive trial experience and appears regularly before the Superior Court of Justice, Ontario Court of Appeal and various regulatory and administration tribunals. She also has expertise in Toronto Commercial List pro...
Arif is a commercial litigator based in Calgary. He has appeared at all levels of court in both Alberta and Saskatchewan, as well as at the Supreme Court of Canada. Arif has experience in international arbitration and before administrative boards, including the Sport Dispute Resolution Centre of Canada. Arif has represented large multinational corporations, product manufacturers, entrepreneurs, professional athletes, national sports organizations, franchisees and franchisors, general contract...
Mr. Clemens has practised as counsel in the field of civil litigation and administrative law since being called to the Bar in British Columbia in 1976. His practice has included appearances in all of the Superior Courts of British Columbia and the Supreme Court of Canada and before arbitration panels involving shareholders and partnership disputes, professional negligence claims, real estate, employment, securities, banking, insurance and maritime litigation. Mr. Clemens is experienced in adm...
Tracey Cohen, KC is a leading commercial litigation and dispute resolution Partner in the Vancouver office. Tracey has been recognized for expertise in Corporate and Commercial Litigation, Securities Litigation and International and Commercial Arbitration and has repeatedly been recognized as one of Canada’s top 25 female litigators. Tracey was appointed as King’s Counsel in 2015 and was admitted as a Fellow of the American College of Trial Lawyers in March 2019. Tracey has been n...
Mr. Yves Cousineau is a Partner in our Insurance Law Group. His practice focuses on insurance law, professional liability, liability of directors and officers and product liability. Mr. Cousineau has played a key role in the development of RSS’s Insurance Law Group, of which he is one of the senior litigators. He was also a member of the firm’s Management Committee for over 30 years.
Geoff Cowper, KC is a leading general litigator and a leader of the Firm's Litigation & Dispute Resolution group. Geoff has served as counsel in leading private and public cases in Canada and internationally. These have included leading decisions with national and international dimensions respecting commercial law, public law and human rights.
Thierry Dorval practises securities law and competition law. He acts in a wide range of transactions such as mergers, business acquisitions and dispositions. He is chair of our governance and directors’ liability team. Mr. Dorval frequently reviews the governance policies and practices of Canadian corporations listed on both Canadian and US stock exchanges. He also regularly advises boards and management on directors and officers’ liability issues and independent committee deliber...
Craig Ferris, QC is a litigator and acts for clients in commercial and business disputes. His particular areas of specialization include shareholder remedies, trust, pension and fiduciary disputes, securities and transactional litigation, product liability, mining disputes and real estate litigation. Craig has appeared in all levels of court in British Columbia as well as the Supreme Court of Canada. He has also acted in private arbitrations and in administrative settings including before the...
Bryan Finlay KC is recognized as one of the top litigation lawyers in Canada. Bryan's counsel practice is broad and has engaged the most complex commercial, constitutional, tort and public law issues. These have included issues of corporate espionage, spoliation, fraud, shareholder rights, directors' and officers' responsibilities, financial reporting obligations, responsibilities and obligations of government and its various agencies, securities regulation, fiduciary obligations, defamation,...
Jenny Francis is Managing Partner of the Firm’s BC Region, with primary responsibility for leadership of the Firm’s Vancouver and Surrey offices. As Regional Managing Partner, Jenny is responsible for managing operations in the region as well as developing and implementing the region’s strategic direction. In her leadership, Jenny is committed to furthering Fasken’s position as a trusted advisor to clients and as a place where bright, talented, and collegial people wan...
Jean-François Gagnon is the Chief Executive Officer of Langlois Lawyers. He is also a member of the firm’s Executive Committee and Board of Directors. His practice focuses on complex commercial litigation, corporate governance, strategy, crisis management, ethics and deontology. He has wide-ranging experience in matters involving directors’ and officers’ liability, the management of not-for-profit organizations, construction law and insurance law. Jean-François...
Ian Gosselin handles complex litigations, primarily in construction law and product liability. He has extensive experience in commercial litigation and is also involved in the defence of class actions. Mr. Gosselin has frequently pleaded before civil courts and arbitration tribunals and has cumulated more than 500 days before the courts over the course of his career. He also acts as mediator in civil and commercial disputes. Due to his considerable experience in construction and engineering, ...
Matthew Gottlieb practises business litigation including corporate and commercial disputes, insolvency and restructuring and fraud and securities litigation. Matt’s extensive track record of success in complex, high-stakes disputes explains why he has been recognized as one of Canada’s top litigation lawyers. He has significant expertise in trials, applications, tribunals and arbitrations and regularly appears at all levels of court in Ontario and other provinces, the Federal Cour...
PROFESSIONAL EXPERIENCE: Mr. Halt graduated as the gold medal recipient from the University of Saskatchewan in 1986 and in 1988-89 he had the honour of serving as a law clerk to Madam Justice Bertha Wilson of the Supreme Court of Canada. Following his clerkship, Mr. Halt relocated to Calgary and has since practised civil litigation, including insurance with an emphasis on professional liability, corporate commercial litigation, securities litigation, franchise litigation, insolvency, construc...
Robert has extensive experience in oil and gas litigation and arbitrations, construction litigation, contract breach cases, First Nations governance, pension litigation and defamation actions, and he has represented clients in professional disciplinary matters before the Alberta Securities Commission, APEGGA, CREB and the Professional Conduct Committee of the Canadian Institute of Actuaries. He acts for a range of clients, from large corporations, pension funds and public institutions to indi...
Geoff Holub is a partner in the Litigation & Dispute Resolution Group. His practice focuses on the areas of civil and commercial litigation and arbitration, with an emphasis on oil and gas, construction and manufacturer's liability. Geoff has acted for companies, shareholders, directors and officers in a wide variety of corporate and securities disputes, including directors’ and officers’ liability, oppression, dissent rights and corporate opportunity cases. Geoff is involved ...
Practice Areas: Corporate and Commercial Law, Bankruptcy and Solvency, Estate Planning and Real Estate Law. Professional Experience: Bill received his BBA degree in 1998 and an LLB degree in 1992 from the University of New Brunswick. He was called to the New Brunswick Bar in 1993. Bill received his Queen's Counsel designation in 2018. Bill practices in the areas of Corporate/Commercial Law, Bankruptcy and Insolvency, Estate Planning, and Real Estate Law. He particularly enjoys advising small ...
Scott Kugler is a partner in the firm’s Toronto office and head of the firm’s National Class Actions Group. His practice emphasizes complex commercial matters, including class actions (securities and competition law/anti-trust), shareholder disputes, claims against directors/officers, broker/dealer disputes (civil and regulatory), product liability cases, franchise disputes, dealer/distributor disputes, and multi-faceted corporate litigation often involving the oppression remedy. ...
Managing a company is rarely smooth sailing. Eric Lalanne steers executives and shareholders through the choppiest waters. Eric Lalanne practises corporate and commercial litigation and successfully managed our firm for nearly a decade. He has extensive experience in the business world and provides pragmatic solutions to the challenges faced by companies of all sizes. He defends shareholders’ interests in oppression cases and pleads in insolvency and restructuring cases relating to the ...
Stéphanie Lapierre is a partner in the Litigation & Dispute Resolution Group. Her practice is mainly focused on securities, financial and business law. She represents clients both in the first instance and on appeal in matters involving hostile take-over bids, contested change of control transactions, shareholder disputes, derivative actions, plans of arrangement, dissidence rights and judicial liquidation. Stéphanie has a solid expertise in litigation matters pertaining to ...
Steve Leitl's practice covers a broad range of commercial litigation matters, with an emphasis on securities, M&A, directors'/officers' liability, class actions and internal investigations. Mr. Leitl has conducted proceedings in the courts of Alberta, Ontario, Manitoba and Canada (Federal Court) and appeals in the Ontario Court of Appeal and Alberta Court of Appeal. He has conducted various regulatory proceedings before the Ontario, Alberta and Manitoba securities commissions and the Albe...
Valérie Lemaire practices in the areas of civil litigation, insurance law, and professional and medical liability. She has developed special expertise in regulatory compliance issues in the insurance and financial products and services distribution areas, and advises insurers, brokers and professional liability insurance funds, particularly on matters concerning the Insurance Act and the Act Respecting the Distribution of Financial Products and Services . She frequently gives seminars ...
Described by his peers as ‘the gold standard in this space, a phenomenal litigator’, for more than thirty years Jonathan has won landmark decisions across a broad variety of subject matter including competition law, constitutional law, liability of public authorities, professional liability, criminal law, financial services, franchise law and contract disputes. He has tried over 90 cases to judgment and argued over 55 appeals in provincial appellate courts and the Supreme Court of...
Marie-Geneviève Masson has accumulated nearly 20 years of experience in civil and commercial litigation. She regularly represents clients before civil and administrative tribunals and before the Federal Courts. Her practice focuses mainly on litigation cases between shareholders, on securities litigation cases (insider trading, tipping, market manipulation, broker liability, etc.) and on cases regarding director and officer liability. She guides and advises her clients on investigation...
Don has a well-established reputation built on his ability to find real-world solutions to complex commercial litigation. His practice includes class actions, professional liability, products liability, shareholder disputes, and large industrial loss litigation. He has extensive experience in securities litigation, construction litigation, contract litigation, and commercial insurance disputes. In his professional liability practice, Don represents professionals in disciplinary proceedings an...
Matthew is a Partner and Co-Chair of KRB’s Litigation group. He has advised domestic and international corporations, banking institutions, lenders, insurers and other entities, both private and public, in connection with a variety of complex civil, commercial and corporate disputes. Matthew joined KRB in 2021 after having gained substantial litigation experience over more than a decade at a prominent Montreal firm. He has acted on behalf of clients in a variety of matters, with signific...
Michael is Head of the Advocacy Group in the Calgary office and is a member of the Partnership Board. He represents numerous domestic and international clients in all major areas of commercial litigation, arbitration and alternative dispute resolution. Michael’s dispute resolution philosophy is predicated on the principle that every dispute has unique characteristics and exigencies. Efficient and effective dispute resolution requires a flexible and business outcome oriented approach. Hi...
Paul practice focuses on corporate commercial litigation and arbitration, shareholder and fraud litigation, appellate litigation and judicial review with particular expertise in complex cases with a regulatory or cross-border dimension. He has litigated cases involving failed hedge funds, derivatives, fraud and Ponzi schemes, arbitration-related court proceedings, shareholder disputes, construction and infrastructure, defamation and employment law. A highly experienced and versatile litigator...
Paul Morrison is a partner in our litigation group. He has a national reputation as one of Canada’s leading counsel in complex corporate and commercial litigation, including class action litigation, securities litigation, competition litigation, insolvency litigation, professional liability, products liability and domestic and international arbitration. Paul regularly acts on behalf of leading companies and institutions, both foreign and domestic, and has appeared at all levels of trial...
Andrew Nathanson, KC is Co-Leader of the firm’s White Collar Defence and Investigations group. His practice focuses on complex commercial litigation and white collar crime. Andrew is sought after by corporations, directors and investors for his expertise in shareholders' disputes, oppression claims, proxy contests, and commercial disputes. Many of Andrew's commercial cases involve multi-jurisdictional disputes. Andrew was co-counsel for Lions Gate Entertainment, successfully defeating t...
Irwin Nathanson, K.C. is one of the top trial and appellate lawyers in British Columbia, and has litigated many of British Columbia’s leading complex business disputes. Leading publications have referred to Mr. Nathanson, saying: "Irwin is still going like a champ, a ‘senior statesmen’ who still doesn’t miss a beat“; You won’t find a better litigator anywhere in the country”; “He is the biggest gun in Vancouver”; He is “resolute, coo...
Hein makes it his mission to help clients avert litigation if that is possible; to help them find early off-ramps if litigation is unavoidable; and to minimize the present value of the total cost of litigation. He has held senior management positions with Kaiser Resources, the Denver Broncos and Southeastern Capital Corporation, a U.S. private equity firm. Hein has appeared before the Supreme Court of Canada, the B.C. Court of Appeal and Supreme Court, as well as various regulatory agencies a...
Paul Prosterman practises mainly in the areas of insurance law, class actions, pharmaceutical and consumer product liability. On the insurance front, he has considerable experience respecting insurance coverage, providing opinions and defending insurers' coverage positions; insurance defence; policy interpretation and drafting; "Canadianizing" policy wordings; professional liability insurance; technology errors and omissions; cyber liability; commercial general liability and property claims. ...
Sebastian L. Pyzik is a Partner of the firm. He is a versatile and effective litigator whose practice focuses on large, sensitive, reputational or strategic civil and commercial litigation. He regularly appears before the trial and appeal courts of Quebec as well as before arbitration tribunals. Sebastian also acts as a strategic advisor to the firm's clients in litigious matters. https://woods.qc.ca/en/team/sebastian-pyzik
Sylvain Rigaud heads the firm’s insolvency and restructuring practice and is a member of the firm’s Management Committee. In his thirty-year legal career, he has handled corporate and commercial disputes, especially banking and insolvency issues, and has established himself as a leading practitioner. Sylvain has acquired a wide range of experience both before the civil courts of first instance and appeal, including before the Supreme Court of Canada. https://woods.qc.ca/en/team/sy...
Ian Rose is a partner in the Montreal office of Lavery, de Billy, where his practice is focused primarily in the fields of insurance law, civil and commercial litigation and class actions. He specializes in complex litigation involving products liability and professional liability including directors’ and officers’ liability. He is also frequently requested to provide insurance coverage opinions and advice, and to act on behalf of insurers in coverage disputes. In addition to acti...
Christian Roy's practice focuses primarily on financial restructuring, bankruptcy, insolvency and realization of bank guarantees. His services are sought by local and international companies with restructuring needs and by court-appointed officers, financial institutions, secured and unsecured creditors and purchasers of assets from distressed companies. He has acted for several financial institutions and companies regarding informal workouts and debtor-in-possession financings. Mr. Roy has p...
A distinguished lawyer whose reputation stretches beyond Quebec and Canada, André Ryan is a partner in BCF’s Litigation and Governance groups. A commercial law practitioner, André advises clients on commercial litigation, corporate governance, media relations, and crisis management, as well as on the negotiation of national and international strategic agreements and partnerships. He regularly advises boards of directors of public, private, and governmental organisations. A...
Crawford's litigation practice focuses on corporate and commercial matters, energy regulatory proceedings, securities and competition litigation, public and administrative law, and he has substantial class action expertise. Crawford has appeared as counsel in all levels of court in Ontario, in the Supreme Court of Canada, in the Federal Court, in commercial arbitrations, and before a variety of administrative tribunals including the Ontario Energy Board, the Ontario Securities Commission, the...
Glenn now practices in the areas of administrative law and civil litigation, focusing on corporate, commercial and contract litigation (including corporate and securities disputes, oil and gas litigation, contract disputes, commercial landlord and tenant disputes, land disputes, employment litigation and debt collection), wills and estates litigation, Securities Act and Alberta Securities Commission proceedings, Judicial Review hearings, real estate litigation, serious personal injury, profes...
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