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  • loyalty accounts for 3 out of 812 casebriefs.

Style of causeRatio

Fraser v Canada (Public Service Staff Relations Board), [1985] 2 SCR 455

Public servants must not engage in sustained and highly visible attacks on major government policies.

Public servants have a duty of loyalty to their employer, except if the government is engaged in illegal acts or if its policies jeopardize the life, health or safety of the public servant or others.

Osborne v Canada (Treasury Board), [1991] 2 SCR 69

Restrictions on political activities apply only to senior members of the government bureaucracy.

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