Malcolm Obrien was asked by Theresa Cho to be a director of her company. Malcolm agreed, but apart from accepting the title of director he had no idea what was going on in the business. There were never any formal board of directors meetings. The business went bankrupt and Revenue Canada sued Malcolm for $10,000 for income tax withheld by the company from employee wages but not remitted. The money was used to try to keep the business afloat. The employees are also suing for five months' unpaid wages. Which of the following is true?
A) Malcolm is not liable for either claim as he had no involvement with the business.
B) Malcolm is not liable for the Revenue Canada claim as he didn't receive any of the money personally.
C) Malcolm is liable for the wage claim
D) Malcolm is liable for the Revenue Canada claim.
E) Both C and D
Correct Answer:
Verified
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