Can a claim for breach of fiduciary duty be heard by a jury?
Ontario, Canada
The following excerpt is from Canadian Imperial Bank of Commerce v. Weaver Simmons Barristers and Solicitors, 2005 CanLII 56196 (ON SC):
The case of Macdonald v. Zurich Insurance Co. of Canada, [2003] O.J. No. 5963 (Sup. Ct.) also considered a claim for fiduciary duty that was combined with another claim. While the claim for damages for breach of fiduciary duty could not be heard by a jury, the issue of damages for breach of the duty of good faith could be. Swinton J. expressed the view that it would be premature to strike the jury on the grounds of the complexity of the issues and that it would be a matter best left to the trial judge.
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