Abstract

The following is adapted from a legal affidavit provided by the author to counsel with respect to current legal proceedings involving a major North American corporation, in which the author was asked as an independent expert to assess the adequacy of certain corporate governance reform efforts. This paper also draws upon experiences of the author in advising and assessing an award-winning publicly listed corporation on its corporate governance practices, Nexen Inc., 1 as well as other corporations, together with advice provided by the author to the Ontario Securities Commission (‘OSC’) in respect of the recruitment, nomination and assessment of individual directors. Portions of this paper, modified as appropriate, appeared in an earlier publication that preceded an initial legal affidavit provided by the author.

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