What is the proper remedy for a breach of fiduciary duty?
Ontario, Canada
The following excerpt is from Standard Trust Company v. Metropolitan Trust Company of Canada, 2006 CanLII 589 (ON SC):
This is a breach of fiduciary duty. The proper remedy for damages is restitution. Standard is entitled to be put in as good a position as it would have been had the breach not occurred: Hodgkinson v. Simms at p. 440.
The damages in negligent misrepresentation are to be assessed on a “but for” basis, that is, on a restitutionary as opposed to a forward-looking basis. Downs v. Chappell, [1996] 3 All E.R. 344 at 351-2. Novus Actus Interveniens
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