Is there a fiduciary relationship where an accountant failed to disclose to a client that he had a personal interest?
British Columbia, Canada
The following excerpt is from Pfeiffer v. Pacific Coast Savings Credit Union, 2000 BCSC 1472 (CanLII):
In Hodgkinson v. Simms (1994), 1994 CanLII 70 (SCC), 117 D.L.R. (4th) 161 (S.C.C.), a fiduciary relationship was found to exist in regard to advice given by an accountant to his client where the accountant failed to disclose to the client that he had a personal interest which was served by the advice he was giving the client.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a lawyer who failed to communicate to his clients about his legal fees to their clients by email a breach of fiduciary obligations? (British Columbia, Canada)
Does the testimony of a party or interested person have to be disregarded or discounted on the grounds that they have a personal or financial relationship with a party? (British Columbia, Canada)
Is a solicitor's relationship with a client a contractual relationship between solicitor and client? (British Columbia, Canada)
In a personal injury action, does the claimant have to pay special costs for failing to disclose disclosed documents? (British Columbia, Canada)
What is the test for establishing that a transferor intended to transfer funds from a bank account to a personal trust account at the time of the transfer? (British Columbia, Canada)
Does a personal trainer have been found to have failed to mitigate damages for failing to attend physiotherapy? (British Columbia, Canada)
Can a lawyer who entered into a fixed fee agreement with a client without the client signing a written agreement with respect to the amount of money that was deposited into his general account? (British Columbia, Canada)
Can a lawyer be found guilty of professional misconduct for failing to disclose that he no longer holds funds in trust for his clients? (British Columbia, Canada)
Is a fiduciary relationship between parties determined by relationship rather than status or occupation? (British Columbia, Canada)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
