In 1984, when he was eighteen years old, Cesar Correia murdered his father, killing him with a baseball bat. Cesar then dumped the body in the Assiniboine River. The body was eventually found, and Cesar confessed to the crime. He pleaded guilty to manslaughter and was sentenced to prison for five years.

His father, Joachim, was abusive to Cesar, to Cesar’s brother, and to Cesar’s mother. The judge said that Joachim was a cruel and abusive man whose home “was a living hell.” The judge said, “I have no difficulty in concluding it instilled in the heart and mind of the accused a sense of devastation, desperation and frustration, which was consumed in a burning hatred for his father.”

Cesar argued that he was protecting his mother and younger brother.

Cesar and his father got into an argument while working on the family car. Cesar went and got a baseball and clubbed his father from behind, hitting him three or four times. He then got a smaller bat and hit him once or twice more. Cesar then wrapped the body in a blanket and put it and his bicycle in the family car. He drove to the Assiniboine River, where he dumped the body in the river, left the car, and returned home on the bicycle. Both Cesar and his mother claimed that they did not know what happened to Joachim. Cesar helped in the search for his missing father.

A few weeks later, the body was found by some children, and Cesar quickly confessed to the police when questioned by them. He was initially charged with murder but later pleaded guilty to manslaughter.

While at prison, he completed his university education, graduating from the University of Manitoba in 1989 with a bachelor of science degree in computer sciences and statistics. After he was released from jail, he moved to Toronto and began working in the information technology industry.

In Canada, people can apply for a pardon five years after the expiration of their sentence. They must have completed their sentence and demonstrated that they are law-abiding citizens. In 1996, twelve years after the murder and conviction, Cesar applied for and received a pardon that expunged his criminal record.

Infolink Technologies Ltd In 1999, Cesar formed an information dissemination company, Infolink Technologies Ltd, with George Theodore. Infolink, of which Cesar was president, traded on the Toronto Stock Exchange until 2007, when it went private. The Ontario Securities Commission, which oversees the Toronto Stock Exchange, requires that all directors and officers of public companies disclose any criminal convictions and “any other penalties or sanctions imposed by a court or regulatory body that would likely be considered important to a reasonable investor in making an investment decision.”

In 2003, George resigned from the company and then sued Cesar for lost profits on two transactions. George contended that two customers backed out of deals when they found out about Cesar’s conviction.

Questions:-

1. Ignoring any legal issues, was Cesar ethically obligated to inform his partner, George, of his criminal past?
2. Did George have a right to know about Cesar’s criminal past?