How have the courts interpreted the doctrine of fiduciary trust in the context of an alleged breach of trust?

British Columbia, Canada


The following excerpt is from Mayer v. Mayer, 2012 BCCA 77 (CanLII):

I find the reasoning in Shaker v. Al-Bedrawi, [2002] EWCA Civ 1452, [2002] 4 All E.R. 835 persuasive on this point. In Shaker, the plaintiff alleged he was induced by the defendant to invest in a business project to be managed and controlled by the defendant through an “operating company” incorporated for that purpose. He alleged that, although the defendant was the sole director and nominal shareholder of the operating company, the shares were held in trust for him. He alleged further that the defendant subsequently sold the business of the operating company to a third party without advising him and without accounting to him for his share of the profits on his investment. He claimed the defendant had misappropriated the purchase price in whole or in part and, as his trustee, was liable to account to him for his breach of trust. He also claimed against the defendant’s solicitors in the sale transaction, alleging against them that they had knowingly participated in the breach of trust and had benefited to the extent of the fee they were paid out of the purchase price.

Other Questions


In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
How has the court interpreted vulnerability in the context of a fiduciary duty of trust in an investment relationship? (British Columbia, Canada)
Is there any case law that supports the argument that the doctrine of common law must be interpreted in the context of the common law context? (British Columbia, Canada)
In the context of constructive trust, how have the courts in Canada treated constructive trusts? (British Columbia, Canada)
How have the courts interpreted the evidentiary presumptions in the context of an allegation of intent to pervert the course of justice? (British Columbia, Canada)
How have the courts interpreted contracts in the context of the interpretation of contracts? (British Columbia, Canada)
How have courts interpreted the test for a claim of breach of fiduciary duty in a medical malpractice case? (British Columbia, Canada)
Can an allegation of fraud or breach of trust be found where there has been a conviction or a finding of fraud by a judgment in a criminal or civil court? (British Columbia, Canada)
What is the legal test for a court to interpret the interpretation of the House of Commons Bill of Representatives in the context of cross-party legislation? (British Columbia, Canada)
How has the court interpreted the meaning of the phrase “adequate, just and equitable” in the context of the maintenance of the spouse's children? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.