Canadian Cannabis Companies’ Directors and Officers Face Unique Exposures

December 13, 2019

The Federal Cannabis Act and Cannabis Regulations, which regulate production, distribution, and sale of cannabis in Canada, have created unique risks for directors and officers of cannabis companies. In the event of non-compliance, they may face significant criminal fines or administrative monetary penalties (“AMPs”) in addition to civil liability. Health Canada’s suspension of licences of CannTrust Holdings Inc. (“CannTrust”) to produce and sell cannabis and severe consequences for its management and board exemplify these unique exposures. D&O liability insurers should know about these risks when underwriting or excluding them from coverage.

Ontario Superior Court of Justice Rules Insurers Must Be Clear to Rely on Fraud Defence

August 07, 2019

In Demetriou v. AIG Insurance Co. of Canada, 2019 ONSC 627, the Ontario Superior Court of Justice found in favour of a plaintiff who was denied compensation by his insurer after an heirloom ring was allegedly stolen while on vacation.

Whose Clients Are They Anyway? A Practical Primer on Non-Solicitation Agreements for Accountants.

April 10, 2019

Partnership agreements and employment agreements in use by accounting firms sometimes contain provisions stating that, after leaving the firm, the former partner or employee is restricted from competing with the firm.  Provisions of this sort are often unenforceable – especially if they are aimed at impeding normal business competition. However, a well drafted provision can be a barrier to a departing member approaching clients to bring them along.

“WhatsApp”, Your Honour?

February 26, 2019

In Nanda v. McEwan, 2019 ONSC 125, the Ontario Superior Court of Justice (“ONSC”) considered whether a Deputy Judge erred in finding that WhatsApp messages were subject to the notice requirements in the Libel and Slander Act (the “Act”) which apply to newspapers and broadcasts.

Diligence in Reporting: Case Comment: Cronnox Inc. v. Lloyd’s Underwriters, 2018 ONSC 6437

January 11, 2019

The Ontario Superior Court of Justice’s decision in Cronnox Inc. v. Lloyd’s Underwriters serves as a lesson to insurers and those they insure to be diligent about reporting and covering claims under professional liability policies.