What is the principle of law and equity and what is the effect of that?
British Columbia, Canada
The following excerpt is from Aaron Accept. Corp. v. Adam, 1987 CanLII 2747 (BC CA):
The principle is reiterated in Hitchcock v. Sykes (1914), 1914 CanLII 5 (SCC), 49 S.C.R. 403 at 422, 23 D.L.R. 518, where Mr. Justice Brodeur says: The principle of law and equity is that an agent or a partner shall make no profit to himself out of his employment other than the amount payable to him by his employer or by the partnership. That principle is an exceedingly just one calculated to secure the observance of good faith between principal and agent or between partners and to prevent the agent sacrificing the interest of the employer and obtaining gain and advantage for himself.
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