Breach of Fiduciary Duty

Fiduciary duties can arise in many types of relationships, including:

Trustees and Beneficiaries - Trustees must manage assets solely for the benefit of the beneficiaries.

Corporate Directors and Shareholders - Directors must act in the corporation’s best interests, not personal gain.

Business Partners - Partners must disclose conflicts and act honestly with one another.

Legal and Financial Advisors - Professionals owe duties of loyalty, confidentiality, and full disclosure.

Executors and Estate Beneficiaries - Executors must administer the estate fairly and transparently.

Ontario fiduciary law is rooted in common law principles and specific statutes. Key duties include:

Duty of Loyalty - The fiduciary must avoid personal gain from the relationship unless fully disclosed and approved.

Duty of Honesty - Fiduciaries must act with utmost good faith and disclose relevant information.

Duty of Care - They must act diligently and competently in performing their obligations.

Conflict of Interest - Fiduciaries must avoid situations where their interests conflict with their duties.

No Secret Profits - Any benefit gained from the role must be surrendered to the rightful beneficiary or principal.

These cases often involve complex evidence and emotional disputes. Common challenges include:

Proving the Duty - The claimant must establish that a fiduciary relationship existed.

Proving the Breach - Showing the fiduciary acted in self-interest, concealed information, or failed in their duties.

Quantifying Damages - Determining what losses or unjust gains resulted from the breach.

Corporate Complexity - In business settings, roles and obligations may be blurred or undocumented.

Statutory and Common Law Overlap - Navigating overlapping legal sources requires precise legal interpretation.

At ME Law, we represent both plaintiffs and defendants in fiduciary breach matters. Our services include:

Legal Assessment - Evaluating whether a fiduciary relationship and breach can be established under law.

Evidence Strategy - Gathering documentation, communications, and expert reports to build a strong case.

Negotiation and Settlement - Seeking resolution before trial where possible to preserve relationships and minimize costs.

Court Litigation - Pursuing or defending fiduciary breach claims in civil court with strategic advocacy.

Remedies and Recovery - Seeking removal, damages, or disgorgement depending on the breach’s nature and impact.

If you believe a fiduciary has betrayed your trust—or you are facing such an allegation—ME Law can help. Contact us to assess your situation and protect your legal and financial interests with confidence.