What are the damages for breach of fiduciary duty?
New Brunswick, Canada
The following excerpt is from Goldberg v. Pollack, 2005 NBQB 478 (CanLII):
The plaintiffs are entitled to damages. As stated in Hodgkinson v. Simms, supra, “The proper approach to damages for breach of a fiduciary duty is restitutionary.” In short, the wronged party is entitled to be returned to his pre-transaction status quo. The law of fiduciary duties has always had deterrence as an element of damages.
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