Marginal note:Solicitor-client privilege or professional secrecy
236. Nothing in this Part shall be construed as affecting solicitor-client privilege or, in Quebec, the professional secrecy of advocates and notaries.
- R.S., 1985, c. C-44, s. 236;
- 2001, c. 14, s. 135(E);
- 2011, c. 21, s. 67.
237. The Director may make inquiries of any person relating to compliance with this Act.
- 1974-75-76, c. 33, s. 230;
- 1978-79, c. 9, s. 1(F).
APPORTIONING AWARD OF DAMAGES
Interpretation and Application
237.1 The definitions in this section apply in this Part.
« intérêt financier »
“financial interest”, with respect to a corporation, includes
(a) a security;
(b) a title to or an interest in capital, assets, property, profits, earnings or royalties;
(c) an option or other interest in, or a subscription to, a security;
(d) an agreement under which the interest of the purchaser is valued for purposes of conversion or surrender by reference to the value of a proportionate interest in a specified portfolio of assets;
(e) an agreement providing that money received will be repaid or treated as a subscription for shares, units or interests at the option of any person or the corporation;
(f) a profit-sharing agreement or certificate;
(g) a lease, claim or royalty in oil, natural gas or mining, or an interest in the lease, claim or royalty;
(h) an income or annuity contract that is not issued by an insurance company governed by an Act of Parliament or a law of a province;
(i) an investment contract; and
(j) anything that is prescribed to be a financial interest.
« perte financière »
“financial loss” means a financial loss arising out of an error, omission or misstatement in financial information concerning a corporation that is required under this Act or the regulations.
“third party”Version anglaise seulement
“third party” includes any subsequent party that is joined in proceedings before a court.
- 2001, c. 14, s. 115.
Marginal note:Application of Part
237.2 (1) This Part applies to the apportionment of damages awarded to a plaintiff for financial loss after a court has found more than one defendant or third party responsible for the financial loss.
Marginal note:Non-application of Part
(2) This Part does not apply to an award of damages to any of the following plaintiffs:
(a) Her Majesty in right of Canada or of a province;
(b) an agent of Her Majesty in right of Canada or of a province or a federal or provincial Crown corporation or government agency, unless a substantial part of its activities involves trading, including making investments in, securities or other financial instruments;
(c) a charitable organization, private foundation or public foundation within the meaning of subsection 149.1(1) of the Income Tax Act; or
(d) an unsecured creditor in respect of goods or services that the creditor provided to a corporation.
- 2001, c. 14, s. 115.
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