The Courts have not created any presumptions that breaches of trust or breaches of fiduciary duty should result in solicitor and client costs being awarded. Indeed, such a presumption would seem contrary to the principles in Jackson v. Trimac. While Polar Ice states that solicitor client costs will be awarded only where a party’s conduct during the litigation warrants it, that decision appears to expressly leave open arguments for solicitor and client costs in cases involving breaches of trust or fiduciary duty.
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