What are the elements of deceit and breach of fiduciary duty?
Saskatchewan, Canada
The following excerpt is from Collins v. Saskatchewan Rural Legal Aid Commission, 2002 SKQB 201 (CanLII):
The elements of deceit are as follows: (1) Proof of fraud; (2) Fraud is proved when it is shown that a false representation has been made: (a) knowingly; (b) without belief in its truth; or (c) recklessly, carelessly, whether it be true or false. (3) Motive of the person guilty of fraud is immaterial. (Derry v. Peek, [1889] 14 A.C. 337 (H.L.)). (vi) Breach of Fiduciary Duty
The elements of breach of fiduciary duty are set out in the decision of Wilson J. in Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99 at 136 as follows:
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