What is the test for damages for breach of fiduciary duty?
Ontario, Canada
The following excerpt is from Mandeville et al v. Manufacturers Life Insurance Company, 2012 ONSC 4316 (CanLII):
The principle of tort law is that a plaintiff must be placed in the position he or she would have been in absent the defendant's negligence. See Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, at para. 32 per Major J. The parties agree that the same consideration applies in this case to the claim for damages for breach of fiduciary duty. See Hodgkinson v. Simms, 1994 CanLII 70 (SCC), [1994] 3 S.C.R. 377 at para. 73 per La Forest J.
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