Best Lawyers for Director and Officer Liability Practice in Canada

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Lawyer
  • Recognized Since: 2020
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Insurance Law Corporate and Commercial Litigation Director and Officer Liability Practice Construction Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Director and Officer Liability Practice Insurance Law
Lawyer
  • Recognized Since: 2019
  • Location:
    Montréal, Quebec Montréal, Quebec
  • Practice Areas:
    Product Liability Law Corporate and Commercial Litigation Class Action Litigation Director and Officer Liability Practice
Lawyer
  • Recognized Since: 2011
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Class Action Litigation Director and Officer Liability Practice Corporate and Commercial Litigation Insurance Law Product Liability Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Director and Officer Liability Practice Personal Injury Litigation Product Liability Law Insurance Law Legal Malpractice Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Corporate and Commercial Litigation Director and Officer Liability Practice Securities Law
Lawyer
  • Recognized Since: 2011
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    International Arbitration Corporate and Commercial Litigation Class Action Litigation Securities Law Director and Officer Liability Practice
Lawyer
  • Recognized Since: 2006
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Securities Law Legal Malpractice Law Appellate Practice Director and Officer Liability Practice Class Action Litigation Administrative and Public Law International Arbitration Corporate and Commercial Litigation Bet-the-Company Litigation Professional Malpractice Law
Lawyer
  • Recognized Since: 2019
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Class Action Litigation Director and Officer Liability Practice Securities Law Corporate and Commercial Litigation
Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Bet-the-Company Litigation Director and Officer Liability Practice Securities Law Corporate and Commercial Litigation Class Action Litigation Administrative and Public Law
Lawyer
  • Recognized Since: 2013
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Construction Law Professional Malpractice Law Insurance Law Director and Officer Liability Practice Corporate and Commercial Litigation
Lawyer
  • Recognized Since: 2013
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Corporate and Commercial Litigation Director and Officer Liability Practice Construction Law Insurance Law
Lawyer
  • Recognized Since: 2011
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Bet-the-Company Litigation Insolvency and Financial Restructuring Law Administrative and Public Law Defamation and Media Law Corporate and Commercial Litigation Real Estate Law Alternative Dispute Resolution Director and Officer Liability Practice
Lawyer
  • Recognized Since: 2006
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Class Action Litigation Personal Injury Litigation Product Liability Law Insurance Law Director and Officer Liability Practice Legal Malpractice Law
Lawyer
  • Recognized Since: 2008
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Legal Malpractice Law Bet-the-Company Litigation Construction Law Corporate and Commercial Litigation Appellate Practice Alternative Dispute Resolution Director and Officer Liability Practice
Lawyer
  • Recognized Since: 2013
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Corporate and Commercial Litigation Defamation and Media Law Director and Officer Liability Practice Class Action Litigation
Lawyer
  • Recognized Since: 2006
  • Location:
    Edmonton, Alberta
  • Practice Areas:
    Bet-the-Company Litigation Construction Law International Arbitration Director and Officer Liability Practice Securities Law Corporate and Commercial Litigation Product Liability Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Real Estate Law Director and Officer Liability Practice Defamation and Media Law Securities Law Corporate and Commercial Litigation Bet-the-Company Litigation Legal Malpractice Law Alternative Dispute Resolution
Lawyer
  • Recognized Since: 2008
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Construction Law International Arbitration Appellate Practice Director and Officer Liability Practice Bet-the-Company Litigation Product Liability Law Corporate and Commercial Litigation
Lawyer
  • Recognized Since: 2008
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Alternative Dispute Resolution Professional Malpractice Law Bet-the-Company Litigation Administrative and Public Law Real Estate Law Director and Officer Liability Practice Securities Law Corporate and Commercial Litigation Class Action Litigation
Lawyer
  • Recognized Since: 2006
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Director and Officer Liability Practice International Arbitration Personal Injury Litigation Bet-the-Company Litigation Construction Law Corporate and Commercial Litigation Appellate Practice Alternative Dispute Resolution Insurance Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Director and Officer Liability Practice Corporate and Commercial Litigation
Lawyer
  • Recognized Since: 2006
  • Location:
    Edmonton, Alberta
  • Practice Areas:
    International Arbitration Securities Law Alternative Dispute Resolution Personal Injury Litigation Corporate and Commercial Litigation Director and Officer Liability Practice Bet-the-Company Litigation Legal Malpractice Law Natural Resources Law Construction Law Insurance Law Product Liability Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Personal Injury Litigation Corporate and Commercial Litigation Director and Officer Liability Practice Class Action Litigation Product Liability Law
Lawyer
  • Recognized Since: 2013
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Securities Law Administrative and Public Law Criminal Defence Corporate and Commercial Litigation Director and Officer Liability Practice Corporate Governance Practice
Lawyer
  • Recognized Since: 2006
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Bet-the-Company Litigation Director and Officer Liability Practice Labour and Employment Law Corporate and Commercial Litigation Class Action Litigation Securities Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Insurance Law Director and Officer Liability Practice Class Action Litigation Product Liability Law Legal Malpractice Law
Lawyer
  • Recognized Since: 2018
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Appellate Practice Class Action Litigation Director and Officer Liability Practice Corporate and Commercial Litigation Bet-the-Company Litigation Construction Law Securities Law
Lawyer
  • Recognized Since: 2006
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Securities Law Corporate Law Corporate Governance Practice Director and Officer Liability Practice Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Director and Officer Liability Practice Corporate and Commercial Litigation
Lawyer
  • Recognized Since: 2008
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Director and Officer Liability Practice Insurance Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Administrative and Public Law Director and Officer Liability Practice Corporate and Commercial Litigation
Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Administrative and Public Law Director and Officer Liability Practice Energy Regulatory Law Corporate and Commercial Litigation
Lawyer
  • Recognized Since: 2006
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Securities Law Corporate and Commercial Litigation Professional Malpractice Law Alternative Dispute Resolution Director and Officer Liability Practice
Lawyer
  • Recognized Since: 2013
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Corporate and Commercial Litigation Medical Negligence Alternative Dispute Resolution Director and Officer Liability Practice
Lawyer
  • Recognized Since: 2006
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Alternative Dispute Resolution Labour and Employment Law Legal Malpractice Law Appellate Practice Director and Officer Liability Practice International Arbitration Defamation and Media Law Securities Law Corporate and Commercial Litigation Class Action Litigation Bet-the-Company Litigation
Lawyer
  • Ones to Watch Since: 2022
  • Location:
    Québec, Quebec
  • Practice Areas:
    Director and Officer Liability Practice

  • Recognized Since: Ones to Watch Since:
  • Location:
  • Practice Areas:

Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.

Practice Area Definition

Director and Officer Liability Practice Definition

The practice area of Director and Officer Liability focuses on the liabilities of directors and officers arising out of their duties and responsibilities as directors and officers of business corporations and non-profit organizations. Much of modern society’s activities are carried out by such corporate entities, and as they act through their directors and officers, it is not surprising that there is a broad range of sources of liability for directors and officers when acting in their respective capacities for these corporations.

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

Lavery de Billy, L.L.P.

Lavery de Billy, L.L.P. logo

The practice area of Director and Officer Liability focuses on the liabilities of directors and officers arising out of their duties and responsibilities as directors and officers of business corporations and non-profit organizations. Much of modern society’s activities are carried out by such corporate entities, and as they act through their directors and officers, it is not surprising that there is a broad range of sources of liability for directors and officers when acting in their respective capacities for these corporations.

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.