Marginal note:Solicitor-client privilege or professional secrecy
336. Nothing in this Part may be construed as affecting solicitor-client privilege or, in Quebec, the professional secrecy of advocates and notaries.
- 1998, c. 1, s. 336;
- 2011, c. 21, s. 113(E).
337. The Director may make inquiries of any person relating to compliance with this Act.
PART 18.1APPORTIONING AWARD OF DAMAGES
Interpretation and Application
337.1 The definitions in this section apply in this Part.
« intérêt financier »
“financial interest”, with respect to a cooperative, 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 cooperative;
(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 cooperative 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. 218.
Marginal note:Application of Part
337.2 (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 cooperative.
- 2001, c. 14, s. 218.
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