Can a breach of trust or fiduciary duty result in the award of solicitor and client costs?
Alberta, Canada
The following excerpt is from Evans v. The Sports Corporation, 2011 ABQB 616 (CanLII):
The Courts have not created any presumptions that breaches of trust or breaches of fiduciary duty should result in solicitor and client costs being awarded. Indeed, such a presumption would seem contrary to the principles in Jackson v. Trimac. While Polar Ice states that solicitor client costs will be awarded only where a party’s conduct during the litigation warrants it, that decision appears to expressly leave open arguments for solicitor and client costs in cases involving breaches of trust or fiduciary duty.
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