Corporation A may just find it convenient to profit from information found about Corporation Y during the investigation
authorized against Corporation X. Will the strict controls applied to privateers hold?
Not exact matches
Section 31 provides that «An officer, director, agent or mandatary of a
corporation that commits a violation is liable for the violation if they directed,
authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the
corporation is proceeded
against».
A
corporation is but an association of individuals with a distinct name and legal entity, and, in organizing itself as a collective body, it waives no appropriate constitutional immunities, and, although it can not refuse to produce its books and papers, it is entitled to immunity under the Fourth Amendment
against unreasonable searches and seizures, and, where an examination of its books is not
authorized by an act of Congress, a subpoena duces tecum requiring the production of practically all of its books and papers is as indefensible as a search warrant would be if couched in similar terms.
As well, CASL imposes personal liability on officers, directors, agents and mandataries of a
corporation that violates CASL if they directed,
authorized, assented to, acquiesced in or participated in the violation, regardless of whether the
corporation is proceeded
against.
(b) before or after the action is commenced, the
corporation goes into liquidation, is ordered to be wound up or makes an
authorized assignment under the Bankruptcy and Insolvency Act (Canada), or a receiving order under that Act is made
against it, and, in any such case, the claim for the debt has been proved.