Fiduciary Obligations of Attorney Increase If Donor Incompetent
In Zeligs v Janes 2015 BCSC 525 the court examined the breach of fiduciary duty of two powers of attorney for a mentally incompetent donor who both personally financially profited
The Power of Attorney Act
Sazarynick v Skwardchuk 2021 BCSC 443 reviewed how much of the common law re Power of Attorney cases was codified and strengthened in the modern BC Power of Attorney Act
The Test For a Fiduciary Relationship
At the highest level of generality, a fiduciary must act with utmost loyalty, good faith, and in the best interests of the person over whom they exercise discretion or control:
The Equitable Principle of Disgorgement
Disgorgement is the giving up of funds by a fiduciary where a breach of fiduciary duty was involved. They typically involve the restitution remedy of recovering ill-gotten profits made by
Fraudulent Executor Ordered to Pay Costs
Kyle estate 2017 BCSC 752 held that an executor who misappropriated trust funds was denied the legal costs of defending the pursuit of those assets and either double costs or
Fiduciary Relationships: Ad Hoc and Per Se
At the highest level of generality, a fiduciary must act with utmost loyalty, good faith, and in the best interests of the person over whom they exercise discretion or control:
Lawyer-Client Relationships and Fiduciary Obligations
Certain categories of relationships such as the lawyer-client are considered to possibly give rise to fiduciary obligations because of their inherent purpose or their presumed factual or legal incidents. It
BC Contested Estates-Fiduciary Duties
Trevor Todd and Jackson Todd have handled contested estate disputes for over sixty combined years including breach of fiduciary duties. An essential feature of a fiduciary relationship is the fiduciary’s
Obligation of Disclosure Between Partners/Fiduciaries
McNight v Hutchinson 2019 BCSC 944 discussed the obligation of disclosure between partners and other relationships characterized by a duty of utmost fairness and good faith ( fiduciary) . (
BC Estate Lawyer-Power of Attorney is a Fiduciary
Trevor Todd and Jackson todd have handled contested estates for over sixty combined years, including breach of fiduciary duties of powers of attorney. Meng Estate v Liem 2019 BCCA