This article, by Norm Keith of Fasken, will deal with three specific areas of potential legal liability of D&O: civil, regulatory and criminal liability.
The first is primarily based on the standard of care for D&Os set and enforced by Canadian courts in civil actions; the second is based on the standards set by public and occupational health and safety statutes for D&Os; third, and lastly, is the criminal law standards, set under the Westray Bill amendments to the Criminal Code (known as the “Westray Bill”).
Finally, the article will provide some guidance on legal risk mitigation for D&Os.
Please click here for the full article.