Is incompetent advice a breach of fiduciary duty?
British Columbia, Canada
The following excerpt is from United Services Funds (Trustees of) v. Richardson Greenshields of Canada Ltd., 1988 CanLII 2955 (BC SC):
Not all incompetent advice, even if given by a solicitor, is a breach of fiduciary duty: see Girardet v. Crease & Co. (1987), 1987 CanLII 160 (BC SC), 11 B.C.L.R. (2d) 361 (S.C.), a judgment of my own.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff bring a claim against a physician in negligence, breach of contract and breach of fiduciary duty? (British Columbia, Canada)
Can a jury be relied upon in a breach of fiduciary duty action? (British Columbia, Canada)
How have damages been assessed in a breach of fiduciary duty case? (British Columbia, Canada)
Is there any case law where a plaintiff’s claim against a former trustee in bankruptcy for negligence and breach of fiduciary duty is found to be an abuse of process? (British Columbia, Canada)
When a managing director of a company acts in breach of his fiduciary duties to the company, does he have to disclose to the purchaser of a part of the company’s business? (British Columbia, Canada)
On what basis can an owner/developer's fiduciary duty to prospective purchasers be breached? (British Columbia, Canada)
Can a diocese be found in breach of fiduciary duty when an assistant priest engaged in sexual relations with a parishioner while counselling and advising her on personal matters? (British Columbia, Canada)
What is the test for a claim for breach of trust and fiduciary duty? (British Columbia, Canada)
What is the test for damages arising out of a breach of fiduciary duty? (British Columbia, Canada)
What is the proper measure of damages for a claim for a breach of fiduciary duty? (British Columbia, Canada)
