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Fiduciary Cannot Avoid Liability By Delegating

The Sas Law Society reasons for judgment re unprofessional solicitor conduct, repeated a basic rule of trusts-( 2015 LSBC 19, April 20,2015  at paragraph 220)- a trustee cannot avoid liability by using the defence of having delegated core authority  to an employee.

The exception would only be if the employee was fraudulent where it couldn’t be reasonably for-seen or determined by the employer using proper Supervision.

The judgment cited as authority for the proposition a one line reference at paragraph 140 of  Rowland v. Vancouver College Ltd., 2001 BCCA 527  at paragraph  140 that states” Nor is delegation of core authority permissible under trust law.

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