Can a breach of fiduciary duty result in a compensatory award?

Traditionally, a breach of fiduciary duty could not result in a compensatory award. Equity’s focus was on enforcing fiduciary obligations. That does not depend on the beneficiary having incurred a loss. At present, the principles of law and equity have been merged where their respective policy objectives coincide and when merger is necessary to achieve a just result. It is now well established that compensation which puts the plaintiff in the position he would have been in if the breach had not occurred may be awarded for breach of fiduciary duty: see M. (K.) v. M. (H.) (1992), 1992 CanLII 31 (SCC), 96 D.L.R. (4th) 289 (S.C.C.) and Hodgkinson v. Simms (1994), 1994 CanLII 70 (SCC), 117 D.L.R. (4th) 161 (S.C.C.) per La Forest J. for the majority at p. 199.