What are the consequences of a fiduciary's actions in a personal injury action against a beneficiary?
British Columbia, Canada
The following excerpt is from 0731431 B.C. Ltd. v Panorama Parkview Homes Ltd., 2021 BCSC 607 (CanLII):
I am satisfied that these breaches were dishonest. As stated in Air Canada v. M & L Travel Ltd., 1993 CanLII 33 (SCC), [1993] 3 S.C.R. 787 at 825-826, set out below at para. 289 of these reasons, any action by a fiduciary that exposes the beneficiary to a risk that the fiduciary is not entitled to take is a dishonest breach of duty.
"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
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
Can a defendant in a personal injury action make use of a medical report and clinical report obtained from an earlier and by then settled wrongful dismissal action? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
What is the impact of personal experiences on the assessment of non-pecuniary damages in a personal injury action? (British Columbia, Canada)
How have defence counsel in a personal injury action been advised to take walks as part of their rehabilitation from soft tissue injuries? (British Columbia, Canada)
