Is there a breach of fiduciary duty or breach of public policy in a case brought by P?
Ontario, Canada
The following excerpt is from Passarelli v. Startek, 2009 CanLII 63371 (ON SC):
And, even if a breach of fiduciary duty could be established, this is not a case where the damages being claimed are recoverable in law. P says that he lost his job with the City of Hamilton because he was incarcerated. But P was incarcerated because he had been convicted of a series of criminal offences directed mainly at his former wife –damage to property, assault, stalking, harassment and breach of probation. He lost his job because he neglected to get word to his employer about being in jail and not being available for work. Not only is P unable to establish causation, it is contrary to public policy to compensate for losses that are caused not by the actions of others but by one’s own criminal conduct: see the discussion of the ‘ex turpi causa’ doctrine in British Columbia v. Zastowny.[4]
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