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.
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