What is the remedy for a breach of fiduciary duty that tainted with dishonesty?

Alberta, Canada


The following excerpt is from Alwest Properties Ltd. v. Roppelt, 1998 ABQB 1027 (CanLII):

A distinction has been drawn concerning the appropriate remedy for a breach of a fiduciary duty that is tainted with dishonesty, and one which is not. In Complin v. Beggs (1913), 4 W.W.R. 1081 [Manitoba Trial Division],Galt, J. at pp.1088-89, stated: - It may be the result of an honest but mistaken notion of one’s rights. It appears to me that there is and ought to be a wide distinction between the consequent liabilities. In the former case, where the agent has acted dishonestly, a principal is entitled not only to recover the profit received by the agent, but to deprive the agent of his ordinary commission. In the latter case the agent is liable to his principal for any profit received, but still is entitled to his commission.

Other Questions


Can a fiduciary or passive trustee of an estate be sued for loss of funds by a broker who had no knowledge of the breach of fiduciaries duties? (Alberta, Canada)
What are the elements of knowing assistance required for an intermeddler or stranger to the breach of trust or fiduciary duty? (Alberta, Canada)
Can a motion for a declaration proceed in the absence of any other remedy for the respondents in the context of a breach of their Charter of Charter Rights? (Alberta, Canada)
Can a breach of trust or fiduciary duty result in the award of solicitor and client costs? (Alberta, Canada)
Does the analysis of the second step of analysis for a breach of a fiduciary duty, or is it likely to be negative or negative? (Alberta, Canada)
What remedies are available to a judge who finds counsel in breach of the principle of leading a party to lead contradictory evidence? (Alberta, Canada)
What is the remedy for a breach of the rule of practice? (Alberta, Canada)
What is the test for a statement of claim alleging breach of fiduciary duty? (Alberta, Canada)
What is the test for a claim of breach of fiduciary duty in an aboriginal dispute? (Alberta, Canada)
If a breach of lease is remedied before the option is exercised, can the option be honoured? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.