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Director and Officer Liability Practice - Canada
About this Practice AreaDr. Jane Ingman Baker is Counsel practicing in the area of civil litigation with an emphasis on construction, municipal and professional liability, and environmental matters. Jane is a member of the Construction and Infrastructure, Insurance, Commercial Litigation and Professional Liability Law Groups, and is the Co-Chair of the firm’s Conflicts Committee. She has experience in complex large litigation matters, including class actions, precedent setting coverage disputes, and environmen...
Richard Berrow is a leading litigation and dispute resolution lawyer in Vancouver with more than 25 years of experience. He advises clients on obtaining and enforcing commercial insurance coverage, including mergers and acquisitions, cyber liability, errors and omissions, and directors and officers policies. He also advises clients broadly on risk management in their business affairs and acts in various commercial disputes.
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 is global co-head of our international arbitration practice. He was managing partner of Ogilvy Renault LLP (one of our predecessor firms in Canada) from 2005 to 2009 and chaired its executive committee from 2005 to 2011. He served on our global supervisory board from 2011 to 2014. Mr. Bienvenu is a disputes lawyer with more than 35 years' experience, practising in international commercial arbitration, corporate and commercial litigation, and constitutional law. He has acted as...
Managing partner at Woods LLP, Caroline Biron has been practicing in the field of commercial and corporate litigation since her admission to the Quebec Bar in 1992. She has pleaded before the Supreme Court of Canada, the Superior Court, the Court of Appeal, and the Federal Court, as well as several administrative tribunals. She has also participated in numerous arbitrations. As a litigator she has experience with almost every type of civil claim, across a broad range of industries, including ...
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 a partner and Co-Chair of the National Litigation & Dispute Resolution Group. He was formerly Head of the Litigation Group in the Toronto office for over 20 years. 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 representati...
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, QC 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 Queen’s Counsel in 2015 and was admitted as a Fellow of the American College of Trial Lawyers in March 2019. Tracey has been ...
Geoff Cowper, QC 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...
Éric Dunberry is an experienced jurist, strategist and negotiator concentrating on risk management and dispute resolution for companies in the public and private sectors, most notably in connection with national class actions, particularly in matters relating to energy, manufacturer’s liability, and infrastructure and transportation projects. He represents an extensive institutional clientele before the courts of original jurisdiction and courts of appeal and regulated companies ...
Matthew Epp is a Partner in BLG’s Calgary office. Matthew has practised in the areas of civil litigation and white collar crime for more than 25 years. He maintains a national practice with an emphasis on complex commercial litigation, securities litigation, class actions and white collar crime. Matthew acts as lead counsel for large corporations at all levels of court and in front of industry tribunals, including the Law Society of Alberta, the Mutual Fund Dealers Association, Investme...
Bryan Finlay QC 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, ...
Carolena Gordon has been the firm’s Senior Partner, since July 2021 and sits on the firm’s Management Board. In addition to this role, she is an experienced litigator who runs a practice focused on all aspects of dispute resolution and risk management for a range of insurance and commercial clients, with a special interest in the infrastructure sector. Carolena has extensive domestic and international experience in a broad range of litigation and insurance matters, particularly th...
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 ...
Peter Howard is senior counsel in the Litigation & Dispute Resolution Group. His practice focuses on commercial litigation, including securities law, class actions, commercial contracts, oppression and other types of shareholder and/or joint venture litigation and insolvency matters. Peter also has extensive experience in arbitrations, mediation and alternate dispute resolution. Peter has appeared before the Supreme Court of Canada and the trial and appellate levels of courts in Ontario a...
Bill Kenny acts as general counsel, practicing civil and regulatory litigation and construction law, as well as transportation, insurance, and corporate-commercial law. Bill has acted for construction contractors, consulting engineers, and owners. He has experience in all forms of claim-related events and dispute resolution as well as the preparation of contract documents. He has also been appointed as arbitrator and mediator in many commercial disputes. Bill has written articles and particip...
In a career that has spanned more than four decades, Cliff acquired a reputation as an exceptional litigator with a quick sense of humour. He is respected throughout the profession. He is in demand as a mediator and arbitrator by clients who appreciate his extensive experience, business savvy, responsiveness and practical approach to resolving business disputes of all kinds. Chambers Global 2019 lists Cliff amongst Canada’s leading lawyers in Dispute Resolution and most in-demand arbitr...
Hélène Lefebvre's main practice areas are insurance law and professional liability. She was the chair of our insurance and professional liability team and the leader of our Canadian Insurance international business group for many years. Ms. Lefebvre's insurance practice focuses on professional liability, directors' and officers' liability and general liability insurance. She represents the interests of insurers and their insureds before the courts at all levels. Ms. Lefebvre fre...
André Legrand's practice focuses on insurance law and professional liability. His insurance law practice focuses on general liability insurance, directors' and officers' liability insurance, professional liability insurance, property insurance and cyber insurance. Mr. Legrand's professional liability practice involves representing the interests of directors and officers of corporations. He has acted before all Quebec courts and the Supreme Court of Canada.
Jonathan’s practice focuses on commercial and public law trial and appellate litigation. He has deep experience with infrastructure and P3 related litigation, class actions for plaintiffs and defendants, product liability, oppression remedies and securities litigation. He appears as counsel in courts and arbitral tribunals across the country and the Supreme Court of Canada. He is a Fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers. He is a me...
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...
Rod is widely regarded as one of Alberta’s most experienced litigators. For decades, he has successfully represented clients in high exposure disputes at all levels of the Canadian court system. Rod has earned national recognition for his skilled and ingenious representation in criminal and civil litigation, in both private and public law. A talented strategist and tough advocate, he is known for developing imaginative arguments and presenting them persuasively. Throughout his distingui...
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 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’s practice focuses on complex commercial litigation and white collar crime. He is Co-Leader of the firm’s White Collar Defence and Investigations group. 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 defeatin...
Irwin Nathanson, Q.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...
John Nicholl, B.C.L.1978, LL.B. 1979 (McGill), Ad. E., is a member of the Law Society of Upper Canada and the Barreau du Québec. He was one of the founding partners of a leading insurance boutique which merged with Clyde & Co in 2011. He is based primarily at the firm's Toronto office, but continues to maintain a substantial practice in Montreal as well. John has been named Advocatus Emeritus (Ad. E.) by the Barreau du Québec, which may be compared to the common law Queen's ...
A prominent litigator in Quebec, Patrick Ouellet is renowned for his expertise and experience in large-scale litigation and dispute resolution in a variety of industries. He has earned a reputation for achieving concrete and advantageous results before the courts, both at the trial level and on appeal or before administrative or arbitration tribunals. Patrick is active in commercial, civil and corporate litigation. He has extensive expertise in Securities, Telecommunications, Class Actions, C...
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. ...
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...
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...
Peter is an Associate Counsel and member of the Commercial & Business Litgation, Professional Liability and Alternative Dispute Resolution Groups at Singleton Urquhart Reynolds Vogel LLP. He has built his reputation as an industry recognized and trusted advocate over the course of many trials, applications and appeals involving issues related to shareholder and partnership disputes, securities, directors’ and officers’ liability, professional negligence, construction, employme...
A partner in Gowling WLG's Calgary office, Ken Warren is an all-around commercial litigator with substantial experience in shareholder disputes, professional liability defence and executive employment law. His focus is resolutely on dispute resolution rather than escalation. He has over 30 years' experience working with a broad array of clients — from large to small and from sophisticated professional litigants to one-off litigation participants — to solve their contentious situat...
James A. Woods , senior partner of the firm, practises in litigation and arbitration and pleads at all levels of federal and provincial courts in Ontario and Québec including the Supreme Court of Canada. Once again, named by Lexpert® 2017 as one of the Leading 500 Lawyers in Canada – Montreal, Corporate and Commercial Litigation. Recognized by the Best Lawyers Directory since 2006 for his expertise in the fields of Bet-the-Company Litigation, Class Action Litigation, Corporat...
Isabel Pouliot primarily practices civil and commercial litigation, more specifically in the field of construction law. She joined BCF in 2016, after practising with a boutique firm and completing her articling at a national law firm. Isabel graduated from Université Laval, where she acted as a volunteer for various legal organizations and was featured on the Faculty’s Honour Roll as a result of her excellent academic performance. During her academic career, she also studied at t...
Director and Officer Liability Practice Definition
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
Our Methodology
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.
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