Although Way referred to the first line of paragraph 175 of the D’Elia Estate v. D’Elia, [2008] O.J. No. 5772 for the proposition that “Top or high echelon management as well as directors, owe fiduciary duty of loyalty, good faith honesty and avoidance of conflict and self-interest to the corporate employer”, the remainder of the paragraph bears no resemblance to the facts of this case.
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