Rationalizing Non-Statutory Liability of Directors and Officers Project
Directors and officers are sued routinely as individuals for wrongs of the company because the law is unsettled.
Overview
Directors and officers of companies are often sued personally when the company is alleged to have committed a tort. The practice of routinely suing directors and officers as individuals along with the company is frowned upon, but it is very prevalent even though few such claims against directors and officers succeed. This is because of conflicting case law on when corporate directors and officers may become personally liable to third parties for wrongful acts or omissions of the companies they manage. Lack of clarity in the law creates room for individuals to be sued as co-defendants on tenuous grounds when a company is the main defendant. The aim of this project is to overcome the conflicts and uncertainty in the law by developing recommendations for fair, just, practical, and coherent principles regarding the liability of directors and officers for corporate torts.

Stage of the Project
This project commenced in mid-2024 and will conclude with the issuance of a law reform report approximately in mid-2025. One or more consultative documents may be issued in the interim.
Funders
The Rationalizing Non-Statutory Liability of Directors and Officers Project is made possible by funding from the Ministry of Attorney General for British Columbia.

Learn more / Get involved
If you are interested in learning more about this project, please contact Greg Blue at [email protected].