Stanley W. Elkind Q.C. on New Developments Relating to Piercing the Corporate Veil in Canada: Choc v Hudbay Minerals Inc., 2013 ONSC 1414. (PDF)

This UK case held that a company is a separate person. Over time this idea has been challenged with degrees of success. Recent cases find shareholders and directors personally responsible for actions of the company. The Hudbay Minerals case is one example of this evolving issue.
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The corporation as a legal person, distinct from shareholders/directors, has been entrenched in law since the late 1800's with Salomon v Salomon & Co Ltd [1897] AC 22. This UK case held that a company is a separate person. Over time this idea has been challenged with degrees of success. Recent cases find shareholders and directors personally responsible for actions of the company. The Hudbay Minerals case is one example of this evolving issue.

 

Stanley W. Elkind Q.C. is a partner with McLean & Kerr LLP in their Global Services Group. In that role he provides his corporate transactional clients the accessibility, responsiveness, knowledge and understanding of in-house counsel coupled with the deep, full-spectrum McLean & Kerr legal resources and cost-efficiencies.

 

Mr. Elkind gives his regional, national and international clients passionate, straightforward counsel in general corporate representation, mergers and acquisitions, inbound and outbound international trade and fraud and corruption related matters.

 

He focuses on instilling confidence in his clients by:

 

-Handling their requests with due despatch and all possible attention and high professionalism.

-Understanding their goals fully.

-Using realistic and timely communication.

-Providing options that best accomplish their desired outcomes.

 

Mr. Elkind also represents clients as borrowers in connection with corporate acquisitions, reorganizations, plant expansions and increased working-capital needs.

 

He assists foreign clients in establishing business relations or subsidiaries in Canada and advises Canada-based clients on the development of trading opportunities abroad, joint venture agreements, distributor and agency agreements, sales representative agreements and licensing agreements.

 

Mr. Elkind's client services include:

 

-Asset acquisitions and divestitures

-Capitalization transactions

-Corporate governance

-Entity formation/governance

-Fraud & Corruption

-General corporate counsel

-International business/trade

-Joint ventures and strategic alliances

-Leveraged buyouts; management buyouts

-Licensing, distribution and general contract matters

-Mergers & Acquisitions

-Private placements

-Private equity, venture capital

-Shareholder agreements

-Strategic Advice

-Stock option plans and restricted stock agreements

-Commercial Litigation

-Secured Lending

-Corporate & Commercial

 

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