Radha Curpen comments in the Financial Post on key trends and developments in ESG litigation in Canada. She says the sheer breadth of the ESG umbrella means that, "We're talking about a staggering range of litigation and regulatory risk. Companies need to remember that ESG obligations are not just voluntary, but are supported by both legislation and the common law, and that investors have broad and important expectations for ESG."
When it comes to the emerging focus on ESG risk disclosure, Radha says that, "Regulators have made it clear that boards should err on the side of materiality when they're dealing with ESG risk. These days, companies must have solid ESG programs and policies, and be very careful to ensure that facts and data support their performance reports - put another way, don't go to a place you can't get to."