Piercing the Corporate Veil in Canada: A Comparative Analysis

Company Lawyer, Vol. 28, No. 2, p. 58, 2007

8 Pages Posted: 15 Apr 2007  

Anil Hargovan

University of New South Wales

Jason Harris

University of Technology Sydney, Faculty of Law

Abstract

This paper discusses the approach of Canadian courts in piercing the corporate veil on the basis of agency/alter ego and instrumentality principles. The paper examines the application of key several Supreme Court of Canada decisions over recent years and compares this approach with the law in Australia, New Zealand and the UK. The paper concludes that Canadian veil piercing has moved away from its British roots and now adopts a more liberal approach by following the tendency of US courts to pierce the veil on quasi-agency grounds.

Keywords: veil piercing, separate legal entity, agency, alter ego, Canada

JEL Classification: K22

Suggested Citation

Hargovan, Anil and Harris, Jason, Piercing the Corporate Veil in Canada: A Comparative Analysis. Company Lawyer, Vol. 28, No. 2, p. 58, 2007. Available at SSRN: https://ssrn.com/abstract=980366

Anil Hargovan

University of New South Wales ( email )

Sydney NSW 2052
Australia

Jason Harris (Contact Author)

University of Technology Sydney, Faculty of Law ( email )

Australia

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