In partnership with the Canadian Corporate Counsel Association, Ascendion Law presents the Microlearning series:Criminal Secondary Liability for Directors, Officers, and Senior Employees.
In partnership with the Canadian Corporate Counsel Association, Ascendion Law presents the Microlearning series:
Criminal Secondary Liability for Directors, Officers, and Senior Employees.
In this video, we discuss the difference between primary and secondary liability and the distinction between secondary liability and vicarious liability. We will review how the Crown proves secondary liability, emphasizing the problematic concept of “acquiescence”.
Resources: Criminal Secondary Liability for Directors, Officers, and Senior Employees
In the second video in our Criminal Secondary Liability in Canada series for corporate counsel, I discuss the tricky problem of how to handle yourself when dealing with government regulators – and when you know there may be an investigation or a prosecution around the corner.
Resources: See the Signs: Shielding your Company if an Inspection Becomes an Investigation
In this third and final video, I want to cover two areas. First, I want to discuss the circumstances in which you will want to retain external counsel to protect the interests of your director, officer, or key employee in a criminal investigation or regulatory prosecution. And second, I want to cover the areas, documents, and information corporate counsel will want to review to assess your company's potential exposure to criminal liability and also that of your key employees.
Resources: Establishing a Successful Defence Strategy
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