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  • fiduciary duty accounts for 7 out of 811 casebriefs.

Style of causeRatio

Boucher v Kennedy, [1999] OJ No 3482 (ON CA)

All uses of an opportunity outside the corporation are not necessarily a breach of fiduciary duty. If the opportunity is unconnected with the business of the corporation, the senior employee does not have to offer it to the corporation.

Canadian Aero v O'Malley, [1974] SCR 592

A fiduciary (director or officer of the corporation) cannot use opportunities acquired from their position as a fiduciary to compete with the corporation.

This is an exception to the general rule that Directors and Officers can leave a corporation and subsequently do competing business (Metropolitan Commercial Carpet Centre v Donovan)

Metropolitan Commercial Carpet Centre Ltd v Donovan (1989), 91 NSR (2d) 99 (NS TD)

General rule: Directors and Officers can leave a corporation and subsequently do competing business.

The common law protects the right to apply one’s skills and pursue professions
** you have the right to put your skills to the best possible use

Moore v Regents of University of California (1990), 51 Cal 3d 120 (Supreme Court of California)

One does not retain ownership rights over research derived from his or her own excised cellular material.

Pizza Pizza Ltd v Gillespie (1990), 75 OR (2d) 225, 33 CPR (3d) 515

A former fiduciary (director or officer of a corporation) cannot use confidential information for their personal benefit.

This is an exception to the general rule that Directors and Officers can leave a corporation and subsequently do competing business (Metropolitan Commercial Carpet Centre v Donovan)

Re Thompson, [1930] 1 Ch 203

Competition by a director or officer of a corporation is not permissible when their fiduciary relationship subsists.

This is an exception to the general rule that Directors and Officers can leave a corporation and subsequently do competing business (Metropolitan Commercial Carpet Centre v Donovan)

Soulos v Korkontzilas, [1997] 2 SCR 217

Breach of fiduciary duty of loyalty may lead to the imposition of a constructive trust; based on the following factors:
** 1. Defendant must have been under equitable obligations regarding activities connected to acquiring property in question
** 2. Assets acquired through breach of obligations
** 3. Plaintiff has legitimate reason for seeking proprietary remedy (personal and/or societal)
** 4. No factors rendering imposition of CT unjust