RSS succeeds in having a $55-million liability claim dismissed before the Supreme Court

By Katherine Delage, Nicholas J. Krnjevic and Ann-Julie Auclair, from our Insurance Law Practice Group.

A corporation of which you are a shareholder claims to have sustained important damages which, in your view, were caused by the fault of professionals. These damages and losses caused the corporation’s bankruptcy. Can you, as shareholder, sue the professionals to claim compensation for the corporation’s damages?

No, the Supreme Court of Canada ruled in Brunette v. Legault Joly Thiffault, s.e.n.c.r.l., 2018 CSC 55, released on December 7. The Court’s decision was based on two legal principles:

  • A party needs to demonstrate a sufficient interest to file legal proceedings
  • Shareholders do not possess a right of action allowing them to claim damages from professionals having rendered services to the company in which they hold shares.

Click here to read more (PDF).

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