fiduciary duty Archives - LawNow Magazine

Sexual and Other Harassment and Fiduciary Duty

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 are sometimes reflected or entrenched […]

Authors:

Peter Broder
Peter Broder is Policy Analyst and General Counsel at The Muttart Foundation in Edmonton, Alberta. The views expressed do not necessarily reflect those of the Foundation.
 

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” (para 73). The highest court in […]

Authors:

Olugbenga Shoyele
Olugbenga Shoyele, PhD, LL. M. is Legal Counsel with the Alberta Court of Queen's Bench, Edmonton, AB. The opinions expressed in this article are the author's own.
 

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 . . . – Can. Aero v. O’Malley,[1974] […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Francisco Etelvir Dantas Filho
Francisco Etelvir Dantas Filho recently graduated with a B.Comm. from the Haskayne School of Business, University of Calgary (2014).
 


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