Second: Yes, consult a tax attorney. Your own attorney, not theirs. Don't talk to the founders. You need to know where you're at first. Legal500 could be a decent starting point: http://www.legal500.com/c/canada/tax.
It could very well be that they disregarded some security rule (i.e. notification of a capital increase or something like that) and can now be sued for your situation (in the event it's too late to fix things).
One thing to consider if you get a capital gains tax loss is that you usually can offset it against other gains. Do you know if you can carry that loss forward in Canada, or do you need to use it in the same year?
Given an S&P fund tends to return around 7% (averaged) per annum, you can actually use it over several years if you can carry forward the loss indefinitely.
Second: Yes, consult a tax attorney. Your own attorney, not theirs. Don't talk to the founders. You need to know where you're at first. Legal500 could be a decent starting point: http://www.legal500.com/c/canada/tax.
It could very well be that they disregarded some security rule (i.e. notification of a capital increase or something like that) and can now be sued for your situation (in the event it's too late to fix things).
One thing to consider if you get a capital gains tax loss is that you usually can offset it against other gains. Do you know if you can carry that loss forward in Canada, or do you need to use it in the same year?
Given an S&P fund tends to return around 7% (averaged) per annum, you can actually use it over several years if you can carry forward the loss indefinitely.
Third: Time to look for a new job.