Does a finding of a material inducement reduce the liability of a defendant for losses arising from a breach of fiduciary duty?

British Columbia, Canada


The following excerpt is from Thomson v. Williams, 2002 BCSC 875 (CanLII):

The absence of causation of some of the losses did not reduce the defendant's liability given the finding of a material inducement on the facts of Hodgkinson v. Simms. Further, the result was also grounded on the fact that the particular fiduciary breach catalyzed the chain of events that lead to the investor's loss. The equitable duty breached was directly related to the risk that materialized and in fact caused the plaintiff's loss. The strong nexus between the duty and the later actualized risk grounded the court's decision that it was right and just that the defendant account for the plaintiff's loss in full.

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