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Recent Trends in Corporate Liability of Canadian Parent Companies

Where Fasken Martineau
333 Bay St., Suite 2400
Bay Adelaide Centre
Toronto, ON
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This session is at capacity and has been closed.

This panel will review approaches to holding parent companies liable for the actions of their subsidiaries (and vice versa). The panel will review recent case law and discuss the following issues:

  • Whatever happened to Salomon v Salomon?
  • What is the test for piercing the corporate veil?
  • What is the theory behind Enterprise Liability and how has it been treated by the courts?
  • When will parent companies be held directly liable in negligence for actions they take relating to the business of their subsidiaries?
  • What are the implications of extended parent company liability for commitments to corporate social responsibility and international human rights principles?
  • How can there be one test for domestic business activities and another test for business conducted in foreign jurisdictions?
  • When will a subsidiary be found to be acting as agent for the parent?
  • When will the courts enforce foreign judgments against domestic parents or subsidiaries?
  • How can parents and subsidiaries structure their affairs to protect against cross-liability?
  • What legislation has been proposed in these areas and what might be coming?

This program is eligible for up to 1 Substantive Hour