Julie Rosenthal quoted in "Why parent companies may soon be unable to claim immunity from their subsidiary's liabilities", Financial Post
Excerpt from "Why parent companies may soon be unable to claim immunity from their subsidiary's liabilities", Julius Melnitzer, Financial Post:
“There is an increasing belief on the part of policymakers that we need to take a new, harder look at the legal concepts that govern multinationals and families of corporations,” said Julie Rosenthal, a lawyer at Goodmans LLP in Toronto. “And this is a belief that is being reflected in the jurisprudence.”
While the Supreme Court did not decide whether a duty of care had in fact been established and whether it had been breached, it concluded that the issue called for a trial on the merits.
Although Canadian and English courts have historically recognized that parents can be liable for subsidiaries who have “in substance taken over the management of the subsidiary,” the Vedanta case goes further.
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