The law of directors’ duties in Canada has traditionally not been very concerned with creditors’ interests. In the context of corporations who are nearing insolvency, the prevailing view is that the directors owe their fiduciary duty to the company as a whole. That of course begs the question of “who is the company?” Other Commonwealth countries have developed significant protections for creditors and with the Supreme Court of Canada decision in Peoples v. Wise, Canada has effectively caught up and surpassed other countries in this regard. The decision made clear that directors of a financially unstable company owe a duty to other stakeholders in the corporation besides shareholders, but this duty is not fiduciary in nature. In addition, th...
This article was first published in the Canadian Business Law Journal.[À l'origine dans / Was origin...
There is a basic tension inherent in the regulation of corporations between the role to be played by...
There is a basic tension inherent in the regulation of corporations between the role to be played by...
This comment on the Quebec decisions in Peoples v. Wise addresses the question of whether corporate ...
This comment on the Quebec decisions in Peoples v. Wise addresses the question of whether corporate ...
The law of directors’ duties in Canada has traditionally not been very concerned with creditors’ int...
Since the 1902 decision of Percival v. $Wright\sp1,$ Canadian common law has provided that directors...
Directors owe fiduciary duties of care and loyalty to their corporations, and by extension to their ...
This study examines the legal provisions in relation to creditors’ protection, particularly when the...
Over the last two decades, in many jurisdictions great emphasis has been placed on directors’ fiduci...
The most fundamental question of corporation law is to whom does the board of directors of a corpora...
This thesis examines Canadian corporate law to analyze whether its legal mechanisms (e.g., duty of l...
The most fundamental question of corporation law is to whom does the board of directors of a corpora...
The most fundamental question of corporation law is to whom does the board of directors of a corpora...
This Article offers an explanation of the “doctrine” of directors’ duties to creditors. Courts frequ...
This article was first published in the Canadian Business Law Journal.[À l'origine dans / Was origin...
There is a basic tension inherent in the regulation of corporations between the role to be played by...
There is a basic tension inherent in the regulation of corporations between the role to be played by...
This comment on the Quebec decisions in Peoples v. Wise addresses the question of whether corporate ...
This comment on the Quebec decisions in Peoples v. Wise addresses the question of whether corporate ...
The law of directors’ duties in Canada has traditionally not been very concerned with creditors’ int...
Since the 1902 decision of Percival v. $Wright\sp1,$ Canadian common law has provided that directors...
Directors owe fiduciary duties of care and loyalty to their corporations, and by extension to their ...
This study examines the legal provisions in relation to creditors’ protection, particularly when the...
Over the last two decades, in many jurisdictions great emphasis has been placed on directors’ fiduci...
The most fundamental question of corporation law is to whom does the board of directors of a corpora...
This thesis examines Canadian corporate law to analyze whether its legal mechanisms (e.g., duty of l...
The most fundamental question of corporation law is to whom does the board of directors of a corpora...
The most fundamental question of corporation law is to whom does the board of directors of a corpora...
This Article offers an explanation of the “doctrine” of directors’ duties to creditors. Courts frequ...
This article was first published in the Canadian Business Law Journal.[À l'origine dans / Was origin...
There is a basic tension inherent in the regulation of corporations between the role to be played by...
There is a basic tension inherent in the regulation of corporations between the role to be played by...