LAW 602 Lecture 3: LAW 602-Class #3
28 Mar 2016
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LAW 602-Class #3
The wording of a provision is often important in terms of who it applies to. The fraud
provision in criminal code-includes everyone. Everyone is not defined-includes person,
organization, government.
Wording is intended to be broad, cant be too broad.
Term organization is intended to put in place a new legal liability…
Identification doctrine-identification theory. In order for company to be held liable must
show that the directing mind had knowledge of wrongful act.
Senior officer must meet definition of representative.
Doctrine of agency*
Change criminal law took in 2004*
You can be a party to an offence by being the offender, aiding or imbedding (played some
role in the condition to the offence) or secondary liability; equally guilty in the eyes on
the law, and omission to act.
Organization or not?
Callus Inc.-an organization
Henry Royal-?
Armando-senior rep, assuming they are a rep of the company. You are the one in charge
of this project. Falls under the definition of senior office? If company engages in
fraudulent activity…?
Lucy-?
Ontario numbered company?
Sales representative?
Organizational liability only apply to the criminal code. Regulatory offences-must show
you exercised a balance of probabilities.
The steps that employers and employees take can be at cross purposes.
The employer cant simply say, I don’t know why my employee did that. You have to
show what you did as an employer to prevent the employer from doing that-DD.
Important to know if there is an industry standard. May be a difference of opinion of what
constitutes an industry standard.
Restorative justice*
Questions
1) For the company to be charged with misleading, and SL, how can they establish
DD? Basically what the question is asking. What would be relevant? In chapter 7-
pg 7-19. Overview. Considerations. These come from commander business
furniture. Foreseeability* do you think this is a live consideration? Guidelines?
Compliance check? SL means that they had to have put in a system. The fact that
it is misleading makes it a prohibited act. If its reasonably foreseeable, you have
to consider what steps. Industry standards? If you can show that your conduct is
what is expected in the industry-that can show DD. There may not be an industry
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
The wording of a provision is often important in terms of who it applies to. Wording is intended to be broad, cant be too broad. Term organization is intended to put in place a new legal liability . In order for company to be held liable must show that the directing mind had knowledge of wrongful act. You can be a party to an offence by being the offender, aiding or imbedding (played some role in the condition to the offence) or secondary liability; equally guilty in the eyes on the law, and omission to act. Armando-senior rep, assuming they are a rep of the company. You are the one in charge of this project. Organizational liability only apply to the criminal code. Regulatory offences-must show you exercised a balance of probabilities. The steps that employers and employees take can be at cross purposes. The employer cant simply say, i don"t know why my employee did that.
