Legal news and trends for Canadian in-house counsel and c-suite executives
Issue link: https://digital.canadianlawyermag.com/i/50889
general counsel for Telus Inc. who once headed up the federal Competition Bureau, agrees that Maple Leaf 's approach was the correct one. "Is it wise from a business perspective? It is because dealing with these issues decisively, earnestly, and quickly I think is in the best interests of the corporation," says Addy, now a partner with Davies Ward Phillips & Vineberg LLP in Toronto. As unfortunate as the circumstances were with that company, no corporation is in the business of making and prolonging lawsuits. Their business is whatever the corporate activity is. GEORGE ADDY, Davis Ward Phillips & Vineberg LLP includes a recognition in-house lawyers are part of an executive team that ideally should consider the wider business issues the company is dealing with. "As in-house counsel, when you're sit- ting down with a CEO who is faced with this type of process, your duty is to outline the legal risks associated with the poten- tial business options open to [them] at that time. That's your job as legal counsel, but you're also there to bring that advice to him in the context of a business environment. You're not advising on the basis of [saying], 'Well here's a nice little theory that we might want to try or test.' After all, the CEO is faced with the crisis "As unfortunate as the circumstances were with that company, no corporation is in the business of making and prolonging lawsuits. Their business is whatever the corporate activity is." Addy says while the typical legal advice might be to deny liability, current thinking about the role of corporate counsel [and] he or she is faced with a host of issues to resolve around that crisis." Of course, whether the listeriosis crisis heralds the turning of a new leaf in class action litigation remains an open ques- tion. For his part, Merchant nevertheless criticizes Maple Leaf The Law of Banking and Payment in Canada The leading authority on the law governing Canadian payment systems and instruments This comprehensive treatise addresses the regulatory policies, the key institutions, the specialized and general- purpose payment systems and the decisions of the courts of Canada on the issues they raise. This work supplements and brings up to date the author's previous work on these topics. It includes entirely new chapters on: the law of payment • • including the permissible forms of payment, the principles of the law of payment, currency of payment, appropriation of payments and compelling payment the law of money, including consideration of the many forms of value that qualify as "money", the legal characteristics of money, fungibility and the exceptions; tracing at common law, equity and under statute; foreign exchange controls and economic sanctions • • • the business of banking , constitutional law issues WILLMS & SHIRE surrounding banking activities, provincial control of banks' activities, meaning of "bank" in various contexts and "banking" by non-banks the banker/customer relationship , formation and termination, terms, online banking, duties and standards of care and confidentiality, mandatory statutory disclosures and deposits payment under options and derivatives contracts the rules and operations of Canadian Derivatives Clearing Corporation and risk assessment in derivatives markets ORDER your copy today Looseleaf & binders (3) • $445 • Releases invoiced separately (1/yr) P/C 0197030000 • ISSN 19184247 , For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd • Prices subject to change without notice, to applicable taxes and shipping & handling. 18 • APRIL 2009 Crawford_Law of Banking (CL 1-2h).indd 1 INHOUSE CL0409 3/5/09 9:11:10 AM Bradley Crawford, Q.C.