DIRECTORS & OFFICERS LIABILITY
- Accident Benefits
- Animal Law
- Appeals
- Automobile Fraud
- Bankruptcy and Insolvency Litigation
- Cannabis Law
- Civil Fraud Recovery
- Class Actions
- Commercial & Business Litigation
- Construction and Infrastructure
- Criminal, Regulatory & Administrative Law
- Cyber Risk
- Debt Collection and Recovery
- Defamation & Reputation Management
- Directors & Officers Liability
- Employment Law
- Energy Law
- Environmental Liability
- Estate & Trust
- Family Law
- General Casualty & Special Risks
- Health, Life & Disability Insurance
- Human Rights, Harassment & Abuse
- Insurance Coverage
- Intellectual Property Litigation
- Landlord and Tenant
- Malpractice & Healthcare Litigation
- Marine Law
- Mediation, Arbitration & ADR
- Municipal Liability
- Not For Profit and Charity
- Personal Injury
- Police Services
- Privacy Law & Investigations
- Product Liability
- Professional Liability
- Property Insurance
- Risk Management Services
- Sports, Recreation & Resort Liability
- Subrogation
- Transportation Law
Practice Areas
Standards for corporate governance and the related liabilities of directors and officers are complex areas of law that are growing apace of the financial scandals within multi-national corporations that are reported daily in the business news media. Regardless of whether corporate indemnification obligations exist, D&O liability insurance is frequently the main recourse.
Simple competition amongst insurers influences the basic availability of such coverage, as well as its terms and cost. However, the driving factor is the insurance industry's perception of the risk itself, as fuelled by this highly-charged media environment.
Our D&O Liability Group understands these dynamics.
Our Group provides:
1. Litigation Involving Directors & Officers
Members of our D&O Liability Group are able to advise and represent directors and officers and their corporations in many areas of dispute, including:
- corporate governance and compliance, and the performance of related duties
- the defence of directors and officers in the context of litigation, arbitration, and mediation arising from alleged negligence or fraudulent misrepresentation and disclosure, oppression and derivative proceedings, deceptive market practices, violation of securities laws, and other statutory or common law rights of action
- proactive protection of the rights of directors and officers within and outside of their corporations
2. D&O Insurance and Risk Management
Our D&O Liability Group has a wealth of experience in dealing with insurers, insureds, and brokers in connection with D&O liability insurance products. We are able to provide comprehensive advice and representation across a wide range of complex coverage matters, including:
- opinions on specific insurance coverages in the circumstances of specific claims
- proactive monitoring of underlying D&O or entity claims to protect the interests of insurers
- assessments of coverage entitlements and exposure arising from statutory or by-law indemnification/reimbursement duties, entity obligations, and the more specific coverage issues associated with non-disclosure and misrepresentation, retentions, defence association, allocation, "entity versus insured", personal profit, severability, securities claims, outside/inside directors claims, employment practices, and many other matters
- acting on coverage disputes under direct retainers or in conjunction with foreign and national coordinating counsel
- explaining the nuances of various available D&O insurance products as they bear on the many and evolving exposures faced by directors and officers
- drafting new policies or modifying existing policy wordings and endorsements to fit the Canadian marketplace
- Not-for-profits ~ BEWARE: Federal privacy laws can apply to not-for-profit corporations by Theresa Hartley and Paul A. Jacoby, April 18, 2022
- Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 by Alan S. Drimer, February 03, 2022
- Allegations are Subject to Higher Scrutiny When Made Against Personal Defendants - Featured Case Study: Matlock v. Ottawa-Carleton Standard Condominium Corporation by Martin Smith, February 09, 2021
- Disengaging Assets subject to a CCAA Proceeding - Case Study: Teliphone Corp. v. Ernst & Young Inc. by Howard Borlack and Adam Ostermeier, January 18, 2021
- Enforceability of Settlements in the Context of Self-Represented Plaintiffs - Case Study: Huma v. Mississauga Hospital by Jessica Grant, November 24, 2020
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety by Howard Borlack, August 11, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- Directors' and Officers' Liability in the Age of COVID-19 , April 21, 2020
- Beware of Presumption of Management or Control of a Director - Case Comment: Alizadeh v Ontario by Howard Borlack, January 30, 2020
- To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. by Howard Borlack, June 29, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Insurer's Duty of Good Faith will not be expanded by Supreme Court Case Comment: Usanovic v. Penncorp , First Published to MB's Client List, January 09, 2018
- The Supreme Court of Canada keeps the onus on banks over innocent drawers for fraudulent bills of exchange , November 02, 2017
- Deference to Reasonable Decision made by Condo Boards , January 20, 2017
- Duties and Liabilities of Directors and Officers , First presented at a Client D & O Seminar, October 05, 2016
- Primer on Director and Officer Liability Insurance by Adam Grant, First presented at a Client D & O Seminar, October 03, 2016
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Effective Claims Management: The role of the crisis communication strategy , MB Seminar - Effective Claims Management, November 04, 2011
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