Fiduciary duty is a common law concept. Essentially it requires directors of corporations, and like officials of certain other types of entities, to act in the best interest of their organization. It also obliges them to act with care and loyalty. The notion of fiduciary duty, or aspects of it … [Read more...]
Bhasin v Hrynew – An Innovative Expansion of the Common Law Doctrine of Good Faith
The creation of “a general duty of honesty in contractual performance” by the Supreme Court of Canada in Bhasin v Hrynew, 2014 SCC 71 [Bhasin SCC] simply recognizes that “parties must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of the contract” … [Read more...]
Whatever Happened To . . . Can. Aero v. O’Malley
Ethics disqualifies a director or senior officer from usurping for himself or diverting to another person or company with whom or with which he is associated a maturing business opportunity which his company is actively pursuing; he is also precluded from so acting even after his resignation . . . - … [Read more...]