Does the principle of non-disclosure of matters affecting a professional partnership apply?

British Columbia, Canada


The following excerpt is from McKnight v. Hutchison, 2002 BCSC 1373 (CanLII):

If there is any doubt that this principle applies to non-disclosure of matters affecting a professional partnership, it is settled in Rochwerg v. Truster, supra. That was a case where an accountant did not inform of benefits by way of share options associated with his position as a director of a company that was also a client of his accounting firm. In this case, Cronk, J.A. said at para. 115: The remedy for breach of a fiduciary duty by the realization of secret profits or benefits requires that the fiduciary be prevented from retaining any gain from the activity which arose from the breach of duty. The assessment for such a breach focuses on the wrongdoer’s gain and not the beneficiary’s loss.

Other Questions


Does the Kienapple principle apply to professional misconduct allegations against members of a self-regulated profession? (British Columbia, Canada)
Can a general partner of a limited partnership breach trust if the partnership assets are used for a non-partnership purpose? (British Columbia, Canada)
Can Rule 21-1 apply to in rem proceedings other than Admiralty matters? (British Columbia, Canada)
Does the principle against self-incrimination apply to a witness in a criminal case? (British Columbia, Canada)
What are the principles applied on an application to examine a second representative of a corporate defendant? (British Columbia, Canada)
Can the presumption of equitable principles be displaced by equitable principles? (British Columbia, Canada)
Does the principle of "buyer beware" generally apply to home sales? (British Columbia, Canada)
Does the duty of fairness apply to an administrative decision that affects the rights, privileges or interests of an individual? (British Columbia, Canada)
Does the principle of "buyer beware" apply to this type of product? (British Columbia, Canada)
Can a medical professional be held liable for errors of clinical judgment that distinguishable from professional fault? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.