Question
Hello, I need help with the following question. A two page position papers for the issue outlined below. So please make sure that the position
Hello, I need help with the following question. A two page position papers for the issue outlined below. So please make sure that the position paper is least two pages for the issue stated below. Your writing can be arguing for either position, for or against. Your score will be determined by how persuasive you are in your analysis, how well you demonstrate your understanding of the particular issues and how clearly your arguments are presented. In your position papers, citations to external sources are welcome, but are not required in order to achieve maximum scores.
Issue 1: Shareholder Primacy vs. Stakeholder Primacy Background: The Supreme Court of Canada' decisions in the two seminal cases of Peoples Department Stores Inc. (Trustee) v. Wise (2004) SCC 461 and BCE Inc. vs. 1976 Debentureholders (2008) SCC 69 collectively turned the foundations of corporate law in Canada on its head. Essentially, these decisions departed from 70 years of legal precedence in Canada (during which shareholder primacy was the dominant legal theory in terms of the question "to whom is the fiduciary duty owed in a corporation") and clearly established stakeholder primacy as the prevailing law. This decision has been subject to significant legal criticism based on the allegation that they create significant uncertainty in assessing whether officers and directors have discharged their fiduciary obligations when there are so many potential competing interests to consider under stakeholder theory.
The Question: BE IT RESOLVED that the Supreme Court of Canada's decisions in the People's and BCE cases was correctly decided and that stakeholder primacy is the appropriate foundation for determining to whom fiduciary obligations are owed in Canada by corporate fiduciaries.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started