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1 Advising Fiduciaries - Toronto Estate Litigation Law Firm
https://welpartners.com/practiceareas/advisingfiduciaries
What is a fiduciary or fiduciary relationship? A “fiduciary duty” is a duty and an obligation of trust imposed by law to act in the best interests of a person.
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2 Fiduciary Employees in Ontario - Achkar Law
https://achkarlaw.com/fiduciary-employees/
What are Fiduciary Duties in Ontario? ... A fiduciary duty requires one party to act in the best interest of another person or entity, and is an ...
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3 Toronto Litigation Lawyers - Fiduciary Duties & Abuses of Trust
https://www.wagnersidlofsky.com/fiduciary-duties
A fiduciary owes significant duties to the other party. These duties include duties of loyalty, good faith and the general requirement to put the other person's ...
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4 Fiduciary Obligation in Canadian Employment Law
https://www.minkenemploymentlawyers.com/employment-law-issues/fiduciary-obligation/
The fiduciary in the relationship is the individual who possesses the power to potentially misuse the confidential information. The beneficiary in the ...
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5 Breach of Fiduciary Duty - Devry Smith Frank LLP
https://devrylaw.ca/commercial-litigation/breach-of-fiduciary-duty/
In short, these three categories mean, respectively, that a fiduciary must act in a reasonable and prudent way, they must act in the best interests of their ...
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6 Fiduciary Obligations in the Supreme Court of Canada - TSpace
https://tspace.library.utoronto.ca/bitstream/1807/89124/1/Duggan%20Fiduciary%20Obligations.pdf
―fact-based fiduciary relationships‖, in other words, cases where the plaintiff alleges breach of fiduciary obligation even though the parties' relationship ...
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7 When are Employees Considered Fiduciaries? - Soni Law Firm
https://sonilaw.ca/when-are-employees-considered-fiduciaries/
Fiduciary employees owe duties that go beyond the duty of fidelity owed by regular employees. Fiduciary employees owe their employers ...
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8 Fiduciary Duties - Isthatlegal
http://www.isthatlegal.ca/index.php?name=Fiduciary-Duties
[70] The goal of the imposition of fiduciary duties is to protect a relationship the law recognizes as one of high trust and confidence, based on the implicit ...
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9 Breach of Fiduciary Duty: Everything You Need to Know
https://www.upcounsel.com/breach-of-fiduciary-duty
A breach of fiduciary duty happens if a fiduciary behaves in a manner that contradicts their duty, and there are serious legal implications.
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10 Ontario, Canada Court Finds With-Cause Dismissal of Long ...
https://www.littler.com/publication-press/publication/ontario-canada-court-finds-cause-dismissal-long-term-fiduciary
Ontario, Canada Court Finds With-Cause Dismissal of Long-term Fiduciary Employee Justified · Damages equal to 24 months' salary and car allowance ...
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11 Waterloo Region Lawyer | Breach of Fiduciary Duty Claims
https://petkerlaw.com/practice-pages/litigation/breach-fiduciary-duty/
Breaches of fiduciary duty can cause significant legal, emotional and financial losses to the person to whom the duty is owed. These breaches are a serious ...
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12 Fiduciary Obligation in the Supreme Court of Canada
https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=2496&context=scholarly_works
Fiduciary relationships may also arise in relationships ... Though there are authorities in either direction, the Ontario Law Reform.
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13 Obligations of a Departing Fiduciary: Two Views from the Bench
https://kmlaw.ca/wp-content/uploads/2015/09/AH_OBAarticle_18may11.pdf
In a 2010 decision of the Ontario Superior Court of Justice (Commercial List), ... employees and their new company for breach of fiduciary duty.
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14 Fiduciary duties | Practical Law - Thomson Reuters
https://ca.practicallaw.thomsonreuters.com/1-107-5744?transitionType=Default&contextData=(sc.Default)
The duties, pre-eminently a duty of loyalty, owed by a fiduciary to the other person in the fiduciary relationship, for example, by a trustee to the ...
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15 Parsing the law of fiduciary duty, Law Times, Vol. 22, No. 2 at ...
https://nclaw.ca/parsing-the-law-of-fiduciary-duty/
The law of fiduciary duty evolved from the jurisdiction of the Court of Chancery over trusts and confidences. A fiduciary is often described ...
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16 Ad Hoc Fiduciary Duties and Equitable Fraud - Mills & Mills LLP
https://www.millsandmills.ca/blog/ad-hoc-fiduciary-duties-and-equitable-fraud/
For an ad hoc fiduciary relationship to exist, Justice Sutherland noted that three elements must be demonstrated. There must be an undertaking, ...
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17 Fiduciary Obligations & Relationships - KCY at LAW
https://www.kcyatlaw.ca/fiduciary-obligations/
Fiduciary obligations are meant to prevent conflicts of interest in employer-employee relationships. Both employers and employees can have this ...
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18 Causation & Ad Hoc Fiduciary Duty | Milosevic & Associates
https://www.mlflitigation.com/media/ad-hoc-fiduciary-duty-and-causation/
In order to be awarded damages for a breach of fiduciary duty, the plaintiff must establish that their loss was caused by the now proven breach.
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19 What is the effect of a fiduciary relationship on the vulnerability ...
https://www.alexsei.com/matters/issues/fiduciary-relationships-the-most-significant-characteristic-of-a-fiduc
Simms, 1994 CanLII 70 (SCC), [1994] 3 S.C.R. 377 at para. 36: ... the most significant characteristic of a fiduciary relationship is the vulnerability of the ...
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20 Divisional Court holds that regulatory best interest standard ...
https://www.torys.com/our-latest-thinking/publications/2022/03/regulatory-best-interest-standard
The majority held that a class-wide ad hoc fiduciary duty of an investment advisor cannot be established based solely on regulatory (MFDA) rules ...
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21 Galambos v. Perez: The Supreme Court of Canada Clarifies ...
https://www.mccarthy.ca/en/insights/articles/galambos-v-perez-supreme-court-canada-clarifies-law-fiduciary-relationships
The ad hoc fiduciary relationship was said to arise because the parties had been in a position of power-dependency, and the plaintiff possessed ...
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22 Ontario's Divisional Court confirms regulatory rules do not ...
https://www.lexology.com/library/detail.aspx?g=71c82353-f749-4d18-b8d2-1de7ae841dee
Instead, based upon the facts of a particular case, clients may be owed ad hoc fiduciary duties. The existence of an ad hoc fiduciary duty is ...
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23 Frame v. Smith - SCC Cases
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/237/index.do
Finally, unlike the causes of action in tort, the cause of action for breach of fiduciary duty allows the court to take into account conduct of a non‑custodial ...
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24 Fiduciary Duty, Climate Change and ESG Considerations
https://smith.queensu.ca/centres/isf/resources/primer-series/fiduciary-duty.php
Loyalty: Fiduciaries should act honestly and in good faith in the interests of their beneficiaries, should impartially balance the conflicting interests of ...
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25 BREACH OF FIDUCIARY DUTY | Business Torts
https://www.businesstorts.ca/breach-of-fiduciary-duty
2. A breach of the fiduciary duty, consisting of an act of disloyalty in which the fiduciary, acting out of self-interest, does something that is, or is ...
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26 Fiduciary Duties and Public Authorities Two Years After ...
https://www.litigationchambers.com/news/pdf/cle_paper.pdf
A. The Fiduciary Duty Claim and the Lower Court Decisions. 2. B. The Supreme Court's Analysis ... Ontario, 2013 ONSC 39-Statutory Assumption of.
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27 General counsel's medical leave, resignation did not breach ...
https://www.lawtimesnews.com/practice-areas/labour-and-employment/general-counsels-medical-leave-resignation-did-not-breach-contract-fiduciary-duty-ontario-court/371288
General counsel's medical leave, resignation did not breach contract, fiduciary duty: Ontario court. No evidence supporting claim that lawyers ...
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28 GALAMBOS V PEREZ, ITS CRITICS, AND THE EQUITY
https://ojs.lib.uwo.ca/index.php/uwojls/article/download/10.5206uwojls.v11i1.10724/11175/28368
actor involved that gives rise to the fiduciary duty. ... 2 This paper uses the term “fiduciary relationship” to refer to a particular ... Northern Ontario.
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29 The Vulnerable Position of Fiduciary Doctrine in the ... - CanLII
https://www.canlii.org/w/canlii/1996CanLIIDocs160.pdf
the History and Law of Fiduciary Relationship and Resulting Trusts, ... ciary obligations to Corona 42 The trial judgment was upheld by the Ontario Court.
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30 Court ruled that fiduciary duty of a director of general partner ...
https://www.canadianlawyermag.com/practice-areas/corporate-commercial/court-ruled-that-fiduciary-duty-of-a-director-of-general-partner-extends-to-the-limited-partnership/363102
The Court of Appeal for Ontario has ruled that the fiduciary duty of the directors of a general partner corporation extends to the limited ...
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31 Directors' Liability & Fiduciary Duty in Canada | 2022 Guide
https://www.fasken.com/en/knowledge/doing-business-canada/2021/10/10-directors-officers-liability
Under the fiduciary duty of loyalty, directors and officers are to act impartially and place the interests of the corporation first, not ...
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32 Banks, Advice-Giving and Fiduciary Obligation
https://rdo-olr.org/wp-content/uploads/2018/02/olr_17.2_Ogilvie.pdf
The Ontario High Court has recently considered for the first time the question of whether a banker owes a fiduciary duty to a customer when giving ...
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33 Fiduciary Obligation and Commercial Law : Four Sources of ...
https://ciaj-icaj.ca/wp-content/uploads/documents/import/1997/MCCAMUS97.pdf?id=1392&1654528175
American developments, see T. Frankel, "Fiduciary Relationship in the ... decision was overturned by the Ontario Court of Appeal on the grounds that the.
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34 Parenthood is a fiduciary relationship - UTP Journals
https://utpjournals.press/doi/10.3138/utlj.2017-0098
the unique focus of the parental fiduciary duty, as distinguished from other duties imposed on them by the law, is breach of trust. . . . [T]he duty imposed is ...
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35 Breach of Fiduciary Duty - Oakville Estate Litigation Lawyer
https://sweatmanlaw.com/breach-of-fiduciary-duty/
Each of these individuals owes a duty to the estate, the incapable person, or the beneficiaries. When a fiduciary fails in this duty, he or she can be held ...
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36 Insights and Commentary from Dentons
https://www.dentons.com/~/media/FMC%20Import/publications/pdf/e/Employment%20Coulter%20Catherine%20Technology.ashx
The employee owes a fiduciary duty to the employer; or ... Notwithstanding the apparent willingness of courts in Ontario to accept the spring-board doctrine ...
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37 Fiduciary duty - Professional Liability Program
https://plp.rcdso.org/risk-management/fiduciary-duty
A fiduciary must meet the strictest standards of conduct, and may be held to account if his personal interests conflict with his duty or if he profits from his ...
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38 Howard Levitt: What makes you a fiduciary and what are your ...
https://financialpost.com/fp-work/howard-levitt-what-makes-you-a-fiduciary-and-what-are-your-obligations
A fiduciary is an employee who the employer is particularly vulnerable to and who thus must put the interests of the employer ahead of their own ...
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39 How Serious Is a Breach of Fiduciary Duty? | RMO LLP
https://rmolawyers.com/how-serious-is-a-breach-of-fiduciary-duty/
› Blog
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40 Fiduciary Employees | Practical Law - Westlaw
https://content.next.westlaw.com/practical-law/document/I31b58fbf645511e89bf199c0ee06c731/Fiduciary-Employees?viewType=FullText&transitionType=Default&contextData=(sc.Default)
Directors and officers owe fiduciary duties of loyalty, good faith, and avoidance of conflicts of duty and self-interest to the corporate employer under both ...
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41 H. The Fiduciary and Tortious Relationships - VLEX 683275657
https://ca.vlex.com/vid/the-fiduciary-and-tortious-683275657
In Standard Investments Ltd. v. CIBC, 99the Ontario Court of Appeal confirmed that a bank may owe fiduciary duties to a customer, relying on the earlier English ...
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42 VI Judicial Ambivalence to Public Fiduciary Duties
https://academic.oup.com/book/3338/chapter/144401526
In Chapter IV, we saw that fiduciary relationships may be thought to rest on a ... the Ontario Court of Appeal held that the Crown owed a fiduciary duty to ...
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43 Professional Liability for Real Estate Agents in Ontario, Canada
https://www.hg.org/legal-articles/professional-liability-for-real-estate-agents-in-ontario-canada-37750
Real estate agents, when acting as fiduciaries, must act in the best interests of their client and remain completely loyal. In particular, a fiduciary must not ...
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44 Director's and officer's duties in Canada | Insights - DLA Piper
https://www.dlapiper.com/en/canada/insights/publications/2020/08/directors-and-officers-duties-in-canada/
Taking advantage of your authority for personal gain is a breach of your fiduciary duty. This means that you cannot make a profit at the ...
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45 FIDUCIARY DOCTRINE AND THE CROWN-INDIGENOUS ...
https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1223&context=ailj
fiduciary duty can arise within the Crown-Indigenous relationship, ... Trials and Tribulations of Ontario's Mining Act: The Duty to Consult.
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46 THE LAWYER AS FIDUCIARY - JSTOR
https://www.jstor.org/stable/24855487
t The research for this article was funded by a grant through the Ontario Bar ... lated by the Supreme Court for identifying fiduciary relationships ap.
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47 Judges disagree over fiduciary duty claim - Investment Executive
https://www.investmentexecutive.com/news/from-the-regulators/judges-disagree-over-fiduciary-duty-claim/
In a split decision, an Ontario court has rejected a proposed class action alleging that investment advisors violated a fiduciary duty to ...
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48 A Devil of a Time: When the Regulatory “Best Interest ...
https://aumlaw.com/a-devil-of-a-time-when-the-regulatory-best-interest-standard-is-not-a-fiduciary-standard/
International Capital Management Inc. ... Specifically, the court re-affirmed that a fiduciary duty between financial advisors and their clients ...
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49 The Fiduciary Principle in Australia and Canada after Breen v ...
http://classic.austlii.edu.au/au/journals/BondLawRw/1996/8.pdf
See for example, the decision of the Ontario Court, General Division in Ginsberg ... The close relationship between the term "fiduciary" and the concept of ...
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50 Canada: Limited Partnerships, Partnerships, Fiduciary Duties
https://www.mondaq.com/canada/shareholders/1036214/limited-partnerships-partnerships-fiduciary-duties
36 It has long been established that partners owe a fiduciary duty to each other, and that equitable principles hold fiduciaries to a strict ...
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51 Fiduciary employees and their obligations - Sultan Lawyers
https://sultanlawyers.com/blog/breaking-down-fiduciary-employees-and-their-obligations/
In the employment context, a fiduciary duty is when an employee has a legal obligation to put their employer's interest before their own. This ...
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52 Business Law Blog - Lawson Lundell LLP
https://www.lawsonlundell.com/the-business-law-blog/the-momentum-of-purpose-and-fiduciary-duty-in-Canada
The Momentum of “Purpose” and the Gravity of the Fiduciary Duty in ... Report of the Capital Markets Modernization Taskforce in Ontario, ...
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53 Employment Agreements and Fiduciary Duty in Ontario
https://www.boirelaw.com/employment-agreements/
The fiduciary by virtue of his role in the Company will have knowledge of the intimate details of the business operations and financial information. The ...
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54 “Equitable Compensation” for a Breach of the Crown's ...
https://www.constitutionalstudies.ca/2021/09/equitable-compensation-for-a-breach-of-the-crowns-fiduciary-duty-towards-first-nations/
The Crown has a fiduciary relationship with Indigenous Peoples. What remedy do Indigenous Peoples have when the Crown breaches its fiduciary ...
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55 FIDUCIARY OBLIGATIONS AND EXCULPATORY CLAUSES
https://albertalawreview.com/index.php/ALR/article/download/1483/1472/1594
conceptual muddling of the fiduciary relationship, particularly the difficult ... Sec the Ontario Law Reform Commission's Report on Exemplary Damages (1991) ...
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56 Breach Of Fiduciary Duty Claims Against Physicians
https://www.pacificmedicallaw.ca/blog/breach-of-fiduciary-duty-claims-against-physicians/
The trial judge then went on to rule that pursuant to the Courts of Justice Act of Ontario, he, rather than the jury, had jurisdiction to decide ...
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57 commercial relationships and the burgeoning fiduciary principle
https://research-repository.griffith.edu.au/bitstream/handle/10072/2953/14465_1.pdf?sequence=1
The Ontario Court of Appeal had also unanimously held that a fiduciary duty was owed by Lac to Corona in the pre-contractual stage of the negotiations.
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58 1.18) Rule 1.1 Competence (a) A lawyer shall
https://www.calbar.ca.gov/Portals/0/documents/rules/New-Rules-of-Professional-Conduct-1.pdf
State Bar of California (1966) 64 Cal.2d 153, 155-. 156 [49 Cal.Rptr. 97] [“'When an attorney assumes a fiduciary relationship and violates his duty.
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59 Business partner liable for breach of fiduciary duty and civil fraud
https://www.grllp.com/blog/Business-partner-liable-for-breach-of-fiduciary-duty-and-civil-fraud-357
Business partners generally owe each other fiduciary duties and can be liable for civil fraud if funds invested in the partnership business are not used for ...
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60 - Fiduciary Duty: What is it and what it means for your portfolio
https://wealthmanagementcanada.com/blog/fiduciary-duty-what-it-means-for-your-portfolio/
Fiduciary duty is when an investment manager acts in your best interests — taking care of your money and your investments and putting your interests ahead ...
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61 What Does It Mean To Have a Fiduciary Duty? - Monkhouse Law
https://www.monkhouselaw.com/what-does-it-mean-to-have-a-fiduciary-duty-toronto-employment-lawyer/
A fiduciary duty is a legal obligation of one party to act in the best interest of another. The obligated party would be labelled a ...
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62 Fiduciary Responsibility - A Regulator's Viewpoint - FSRA
https://www.fsrao.ca/media/12486/download
Professor Gillese teaches pension and trust law at the Faculty of Law, University of Western Ontario and has also practised in these fields. In ...
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63 Power of Attorney self dealing is breach of fiduciary duty
https://edwardconway.ca/substitute-decisions-act-stops-will-hunting-waitress/
Section 32 and section 38 Substitute Decisions Act impose a fiduciary duty upon the power of attorney. This means that the waitress can't self-deal (she ...
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64 Fiduciary of an Estate | NY CourtHelp - Unified Court System
https://www.nycourts.gov/courthelp/whensomeonedies/fiduciary.shtml
Executors, Administrators, and Voluntary Administrators are fiduciaries and have a fiduciary duty to the estate. This means that they have a ...
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65 Being accountable: Fiduciary duties and the busine
https://gowlingwlg.com/en/insights-resources/articles/2014/being-accountable-fiduciary-duties-and-the-busine/
... 134(1) of the Ontario Business Corporations Act. A contractual provision that expressly or impliedly excludes a breach of fiduciary duty ...
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66 20 questions not-for-profit organization directors should ask
https://capacitycanada.ca/wp-content/uploads/2015/06/20_questions_directors_of_not-for-profit_organizations_should_ask_about_fiduciary_duty.pdf
fiduciary duty varies from jurisdiction to ... 435, in ontario Corporations Act, R.s.o. 1990, c. c38, in ... imposes a fiduciary duty on the trustees to.
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67 Fiduciary duty and liability for property managers
https://www.bhfs.com/insights/alerts-articles/2021/fiduciary-duty-and-liability-for-property-managers
A fiduciary duty imposes strict legal requirements on the property manager and subjects the property manager to increased exposure to liability, if breached.
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68 Canadians deserve fiduciaries to manage their finances
https://www.theglobeandmail.com/investing/globe-advisor/advisor-news/article-canadians-deserve-fiduciaries-to-manage-their-finances/
Only a small minority of advisors abide by a designation, licence, or membership in an organization that imposes a fiduciary duty on them.
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69 CSA Consultation Paper 33-403 - The Standard of Conduct for ...
https://www.osc.ca/en/securities-law/instruments-rules-policies/3/33-403/csa-consultation-paper-33-403-standard-conduct-advisers-and-dealers-exploring-appropriateness
The fiduciary duty debate in Canada is not a new issue. In 2004, the Ontario Securities Commission (the OSC) published the Fair Dealing ...
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70 Personal Trust and Fiduciary Duties (Part II)
https://www.cambridge.org/core/books/fiduciaries-and-trust/personal-trust-and-fiduciary-duties/CCAD4A130C47B15AB8E9CE1172B050E6
To safeguard beneficiaries from breaches of trust within nonstakeholder fiduciary relationships, fiduciary law imposes a variety of requirements. The duty of ...
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71 When “Regular” Employees Owe Fiduciary Duties and Why it ...
https://www.pushormitchell.com/2020/10/when-regular-employees-owe-fiduciary-duties-and-why-it-matters/
Whether an employee owes a fiduciary duty is not cut and dry. Ad hoc fiduciary relationships are established on a case-by-case basis. As the ...
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72 Fiduciary duty in the 21st century: Canada roadmap - PRI
https://www.unpri.org/download?ac=1387
Pension plans registered in Ontario are now required to state. “whether environmental, social, and governance (ESG) factors are incorporated into the plan's ...
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73 Canada: Ontario Court Awards $20 Million in Damages ...
https://knowledge.leglobal.org/canada-ontario-court-awards-20-million-in-damages-against-former-employee-for-breach-of-fiduciary-duties/
This case demonstrates that the liability associated with a breach of fiduciary duty may be significant, and that a fiduciary may be liable for ...
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74 Investments gone bad: claims of fraud and breach of fiduciary ...
https://www.nortonrosefulbright.com/en-ca/knowledge/publications/3ca1c9d8/investments-gone-bad-claims-of-fraud-and-breach-of-fiduciary-duty
In finding Mr. Lee was a fiduciary of ACL, the court noted the scope of Mr. Lee's authority and the high trust placed in his advice. The fiduciary duty was ...
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75 Fiduciary Duties in Partnerships - Nolo
https://www.nolo.com/legal-encyclopedia/fiduciary-duties-partnerships.html
Under the duty of care, partners are expected to act in a reasonably prudent manner in managing and directing the partnership. For example, a general ...
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76 CROWN-NATIVE RELATIONS AS FIDUCIARY
http://specific-claims.bryan-schwartz.com/wp-content/uploads/docs/AlmostTwentyYearsAfterGuerin.pdf
pronouncements on Crown-Native fiduciary relations in Osoyoos ... the Aboriginal litigantS was the Ontario government: see &ar Island Foundation v. Ontario.
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77 Statement of Defence - Cavalluzzo
https://www.cavalluzzo.com/docs/default-source/class-actions/statement-of-defence.pdf?sfvrsn=abc155d5_2
The Defendant, Her Majesty the Queen in Right of Ontario ("the ... The Ontario Government further denies that it owed a fiduciary duty to the.
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78 Relationship Between Parent and Child Is Fiduciary
https://disinherited.com/breach-of-trust/relationship-parent-child-fiduciary/
The traditional focus of breach of fiduciary duty is breach of trust. A child is particularly vulnerable to her at the mercy of the fiduciary holding the ...
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79 Chapter 3 | Law Society of Ontario
https://lso.ca/about-lso/legislation-rules/rules-of-professional-conduct/chapter-3
[1.1] A lawyer has a duty of candour with the client on matters relevant to the retainer. This arises out of the rules and the lawyer's fiduciary obligations to ...
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80 Ontario Court of Appeal Reminds Those Communicating with ...
https://www.osler.com/en/blogs/pensions/may-2011/ontario-court-of-appeal-reminds-those-communicatin
The Court of Appeal also found that, as between the plaintiffs and the Loba defendants, there was a fiduciary duty even before the ...
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81 Crown's Fiduciary Duty and Indian Title: Guerin v. the Queen ...
https://lawjournal.mcgill.ca/article/crowns-fiduciary-duty-and-indian-title-guerin-v-the-queen-the/
fiduciary duty towards Indians as discussed in Guerin. It analyses in some ... that beneficial interest in the timber which has now passed to Ontario”.86
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82 Enforceability of Arbitration Clauses in Ontario
https://www.americanbar.org/groups/litigation/committees/alternative-dispute-resolution/practice/2016/enforceability-arbitration-clauses-ontario/
The Court disagreed, ruling that because the agreement as a whole was being relied upon as creating a fiduciary relationship, the claim for ...
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83 SCC Rules that Crown's Fiduciary Duty is Central in ... - Blakes
https://blakes.com/insights/bulletins/2021/scc-rules-that-crown-s-fiduciary-duty-is-central-i
LSFN is a Treaty 3 First Nation in northern Ontario. ... The Crown's fiduciary duty to Indigenous peoples regarding Reserve land was established by the ...
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84 Breach of Fiduciary Duty and Non-Competition : Ontario Court ...
https://www.joblaw.ca/breach-of-fiduciary-duty-and-non-competition-two-ontario-court-of-appeal-decisions-two-very-different-results/
The Ontario Court of Appeal has issued two recent decisions dealing with breach of fiduciary duty in an employment context. In one case, GasTOPS Ltd. v.
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85 breach of fiduciary duty Archives - First Reference Talks
https://blog.firstreference.com/tag/breach-of-fiduciary-duty/
Recently, in the case of Palumbo v. Quercia 2018 ONSC 503, the Ontario Superior Court of Justice ruled that the restrictions on soliciting clients of a ...
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86 Directors' Fiduciary Duty in a Pandemic
https://corpgov.law.harvard.edu/2020/06/18/directors-fiduciary-duty-in-a-pandemic/
› 2020/06/18 › directo...
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87 A corporate director may owe an ad hoc fiduciary duty to a ...
https://www.westlawcanada.com/blog/insider/category/corporate-commercial/a-corporate-director-may-owe-an-ad-hoc-fiduciary-duty-to-a-shareholder-but-this-must-be-supported-by-factual-findings-906/
In its recent decision in Midland Resources Holding Ltd. v. Shatif, 2017 ONCA 320, the Court of Appeal for Ontario declared that, ...
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88 Power of Attorney for Financial and Property matters
https://ca.rbcwealthmanagement.com/documents/241512/241533/Power_of_Attorney_for_Financial_and_Property_matters__Commonlaw_Provinces_only_12182018_high.pdf/8f0f0061-8edb-4fe5-b21c-65eecc72e21b
a fiduciary and must act in the best ... a financial advisor in Ontario, who is ... to the fiduciary relationship that exists between you and your attorney.
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89 FAMILY MEMBER CAREGIVERS - UNDERSTAND YOU ARE ...
https://wardlegal.ca/2015/09/03/family-member-caregivers-understand-you-are-held-to-a-higher-standard-and-duty/
FAMILY MEMBER CAREGIVERS – UNDERSTAND YOU ARE HELD TO A HIGHER STANDARD AND DUTY · The fiduciary has scope for the exercise of some discretion or ...
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90 Re Indalex in the Supreme Court of Canada | Stikeman Elliott
https://www.stikeman.com/fr-ca/savoir/services-financiers/re-indalex-in-the-supreme-court-of-canada
The Court of Appeal for Ontario's (the "OCA") decision in Re Indalex Ltd. was ... C. Breach of Fiduciary Duty for Employer-Administrators in Insolvency and ...
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91 Handling a Possible Breach of Fiduciary Duty - Heft Law
https://heftlaw.ca/breach-of-fiduciary-duty/
By law, an executor owes each beneficiary of a will a fiduciary duty. An executor should never willfully take action that is contrary to the instructions ...
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92 A Second Look at the Ontario Court of Appeal's Decision ...
https://mcmillan.ca/insights/a-second-look-at-the-ontario-court-of-appeals-decision-expanding-directors-duties/
We argue against employing an ad hoc fiduciary duty analysis to hold directors of any corporation liable to anyone other than the corporation.
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93 Supreme Court of Canada Clarifies Equitable Compensation ...
https://www.cwilson.com/supreme-court-of-canada-clarifies-equitable-compensation-for-breach-of-crowns-fiduciary-duty-to-indigenous-nations/
It is settled law that the government of Canada (“Canada”) owes a fiduciary duty to Indigenous Nations when it deals with reserve lands.
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94 Introduction to Directors' Duties in Ontario - SV Law
https://www.svlaw.ca/blog/details/item/introduction-to-directors-duties-in-ontario
The “best interests of the corporation” is a context-specific determination, but it implies that directors must observe a fiduciary duty to the corporation.
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