Canadian Lawyer InHouse

July 2017

Legal news and trends for Canadian in-house counsel and c-suite executives

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JULY 2017 24 INHOUSE A controversial salary and bonus plan for executives at Bombardier ultimately received the blessing of its shareholders this spring, but it followed protests and negative publicity that any company would hope to avoid. Individual and institutional shareholders criti- cized the initial plan that would boost executive compensation by nearly 50 per cent, following significant employee layoffs last fall and the need to obtain more than $370 million in loans from the federal government. In the end, most of the bonuses will not be paid until 2020 and are tied to company performance. As well, Pierre Beaudoin, a member of the company's founding family, announced he would step down as executive chairman of Bombardier. The shareholder vote, the so-called "Say on Pay" provision that many publicly traded companies in Canada have adopted, is only an advisory measure. However, the fallout for Bombardier is one of the most high-profile recent examples of the need for companies to formulate executive compensation packages that are not only reasonable but that can be properly explained and justified to shareholders. High-stakes compensation The goal these days is to avoid the 'risk of pay for failure' BY SHANNON KARI

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