"27 Goodmans partners among the leading Canadian lawyers." - Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
Goodmans Publications

The dog did it

November-1-2015

Lawyer Neill May
Area Corporate Finance and Securities

Summary

Article originally published in the Canadian Lawyer Magazine, November 2015

Excerpt from "The dog did it":

Assigning responsibility for corporate wrongdoing is a complex matter. In theory, of course, corporations themselves should be responsible for, and should bear the consequences of, their actions.  This is consistent with a foundational principle of our commercial law, that corporations have a separate legal personality.  But anyone passingly socially familiar with lawyers knows that, with some exceptions, "legal personality" is a striking oxymoron (even in a profession rife with oxymora, like "wise counsel," "attorney’s privilege," and "civil litigation").  Equally, the matter of responsibility for corporate misconduct is challenging and problematic.

Download PDF