Directors & Officers Liability
Bruce McMeekin has counseled organizations at all stages of the compliance cycle; helping ensure the efficacy of the current compliance system, assisting during investigations, and acting in defence of those facing prosecution.
Wrongful acts or inactions of an organization’s employees in the course of their employment are deemed to be those of the organization; however the organization itself cannot be found at fault unless its directors or officers are at fault.
In regulatory matters, this principle has been complicated by duties of care placed on executives by a variety of statutes requiring them to take reasonable steps towards compliance. These duties operate independently, regardless of whether the organization through its employees has breached the legislation. The very failure to take reasonable compliance steps is the wrong. Many duties go further, specifying that a charged executive, not the Crown, must prove that they exercised reasonable care. The result is the absurd for directors’ and officers’ liability; executives can be at risk of prosecution for simply assuming their relationship with the organization. The effect is that executives must be proactive in ensuring that the organization has effective systems in place ensuring operational compliance to minimize directors liability and officers liability.
Bruce has 25 years of legal experience and is frequently consulted by organizations concerning the content and capabilities of their compliance systems. He provides cost-effective advice to corporations and their leadership group who may be the subject of penal investigations and acts for those exposed in subsequent prosecutions and related appeals.
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