The dog did it
|Area||Corporate Finance and Securities|
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.