The blame game
|Area||Corporate Finance and Securities|
Article originally published in the Canadian Lawyer Magazine, November/December 2014
Excerpt from "The blame game":
Assigning responsibility for bad outcomes can be tricky business. This is particularly so where responsibility is shared and must be allocated in percentage amounts (perhaps in part because it doesn’t comport with the “but for” test, which is generally well-ingrained in lawyers but to others must sound like a cute four-member boy band). Allocating blame is also challenging where one party assumes responsibility for itself but fault is nevertheless imposed on another party. These complexities were in play in a recent decision of the B.C. Court of Appeal, which dealt with the responsibility of an investment broker for a client’s trading losses.