LAW 602 Lecture Notes - Lecture 4: Due Diligence, Strict Liability, Regulatory Offence

• School: Ryerson University
• Department: Law and Business
• Course: LAW 602
• Professor: Eric Libman

Document Summary

By an objective standard, we determine whether due diligence was established by a reasonable standard (i. e. the reasonable man) Sometimes, the statute actually defines what constitutes as due diligence. Operation of defence: there is no onus on prosecution to prove negligence on part of accused. Income tax act, s. 153(1) -> duty on corporations to withhold taxes and other source deductions from the e(cid:373)plo(cid:455)ee(cid:859)s sala(cid:396)(cid:455), a(cid:374)d to (cid:396)e(cid:373)it su(cid:272)h a(cid:373)ou(cid:374)ts to the e(cid:272)ei(cid:448)e(cid:396) ge(cid:374)e(cid:396)al of ca(cid:374)ada. 7-18: court held -> company practiced due diligence by getting an accountant, and court believed that the company genuinely believed that the company would recover. Statutory comparator is the reasonable prudent person in comparable circumstances to the director in question. Factors for consideration in due diligence defence: determination of whether due diligence defence exists requires weighing and balancing of numerous considerations which may be relevant to any particular case, r v. commander business furniture inc. , ont.