What is the test for a statement of claim alleging breach of fiduciary duty?
Alberta, Canada
The following excerpt is from Abbasi v. Portage La Prairie Mutual Insurance Co., 2003 ABQB 760 (CanLII):
If there is no reasonable prospect of success on some parts of the claim, but a prospect of success on others, parts of the statement of claim can be summarily adjudicated and other parts set down for trial (Franche v. Craig, 1998 ABCA 3). 1. Is there no merit to a part of the statement of claim? (a) Breach of Fiduciary duty or duty of utmost good faith
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