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1. www.thecanadianencyclopedia.ca › en › articleLaw of Fiduciary Obligation | The Canadian Encyclopedia

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   Feb 7, 2006 · In Canadian law, fiduciary obligation refers to a relationship in which one party (the fiduciary) is responsible for looking after the best interests of another party (the beneficiary). The courts have determined that a fiduciary obligation exists where the fiduciary can exercise some discretion or power, and they do so in a way that affects ...

2. lawjournal.mcgill.ca › article › understandingUnderstanding Fiduciary Duties and ... - McGill Law Journal

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   The contents of the fiduciary “holy grail” also contemplate the unique space inside which the fiduciary concept operates within the law of civil obligations, as well as the foundational goals that the fiduciary concept is designed to accomplish. II. The Animating Forces of Fiduciary Duties.

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4. tspace.library.utoronto.ca › bitstream › 1807/89124/1Fiduciary Obligations in the Supreme Court of Canada: A ...

   tspace.library.utoronto.ca › bitstream › 1807/89124/1

   whether incest is actionable as a breach of fiduciary obligation between parent and child. Most recently, in . Galambos v. Perez, 7. the court had to decide whether a struggling law firm was in breach of fiduciary obligation for accepting loans from its bookkeeper to help it out of financial difficulty.

   • Author: Anthony Duggan

   • Publish Year: 2011

5. www.legalzoom.com › understanding-fiduciary-dutyUnderstanding fiduciary duty: Definition, types, and examples

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   Sep 3, 2024 · Fiduciary duty essentially means that you are responsible for acting and doing things to benefit someone else. The person with a fiduciary duty is known as the fiduciary, and the person or persons they are responsible to are referred to as the principal or the beneficiary. In a corporation, the board of directors and the officers have a ...

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   • A fiduciary relationship is when one party (the beneficiary) places trust and confidence in another party (the fiduciary) to act in their best inte...
   • A breach of fiduciary duty happens when a fiduciary fails to uphold their duties and responsibilities and doesn't act in the beneficiary's best int...
   • If all four elements of a breach of fiduciary duty are proven, the fiduciary involved can face many consequences—both in a legal and professional s...
   • Any person who has an obligation to act in the best interest of another person or persons is considered a fiduciary. A fiduciary can be a lawyer re...
   • There are many different fiduciary duties that an individual must uphold, including the duty of loyalty, good faith, care, confidentiality, prudenc...
   • In real estate, a fiduciary relationship can exist between an agent (fiduciary) and the buyer or seller (beneficiary). So the agent has an obligati...
   • In the duty of care, you have an obligation to do your due diligence. Be sure to research and inform the beneficiary of all information that could...

6. www.canlii.org › en › commentaryUnderstanding Fiduciary Duties and Relationship Fiduciarity ...

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   Understanding Fiduciary Duties and Relationship Fiduciarity, 2017 CanLIIDocs 427. Author (s): Leonard I Rotman. Source (s): McGill Law Journal (lawjournal.mcgill.ca) Licence: This work is licenced under the CanLII user licence which includes the right of the User to make copies of the work for legal research purposes, in the practice of law or ...

7. juristopedia.com › fiduciary-duty-legal-definitionFiduciary Duty: Legal Definition, Obligations, Trust, Breach ...

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   Jan 18, 2024 · A fiduciary is typically an individual or organisation entrusted to manage assets or interests on behalf of another party and is legally bound to act in that party’s best interest. This includes roles like trustees, executors, legal guardians, financial advisors, corporate board members, and attorneys. In these positions, fiduciaries hold a ...

8. People also ask

   What is a fiduciary obligation?

   • The courts have determined that a fiduciary obligation exists where the fiduciary can exercise some discretion or power, and they do so in a way that affects the interests of the beneficiary. In these relationships, the beneficiary is in a position of vulnerability at the hands of the fiduciary. What is Fiduciary Obligation?

   Law of Fiduciary Obligation - The Canadian Encyclopedia

   www.thecanadianencyclopedia.ca/en/article/law-of-fiduciary-obligation

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   What is a fiduciary obligation in Canada?

   • This is a legal obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. In Canadian law, fiduciary obligation refers to a relationship in which one party (the fiduciary) is responsible for looking after the best interests of another...

   Law of Fiduciary Obligation - The Canadian Encyclopedia

   www.thecanadianencyclopedia.ca/en/article/law-of-fiduciary-obligation

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   Who owes a fiduciary duty?

   • In a corporation, the board of directors and the officers have a fiduciary duty to the shareholders and the corporation itself. If you are part of a partnership, you and your partners have fiduciary duties to each other. When you form your business, it's important to understand your responsibilities and to whom you owe them.

   Understanding fiduciary duty: Definition, types, and examples

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   What are fiduciary duties?

   • Show more In their narrow conceptualization, he suggests that fiduciary duties are restricted to the prophylactic duties forbidding fiduciaries from profiting from their positions as fiduciaries or where their personal interests or those of a third-party conflict, or potentially conflict, with their duty to their beneficiaries.

   Understanding Fiduciary Duties and Relationship Fiduciarity

   lawjournal.mcgill.ca/article/understanding-fiduciary-duties-and-relationship-fiduciarity/

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   What is a fiduciary duty of loyalty?

   • Under the fiduciary duty of loyalty, directors and officers are to act impartially and place the interests of the corporation first, not allowing their decisions to be tainted by self-interest or self-dealing.

   Directors' Liability & Fiduciary Duty in Canada | 2022 Guide - Fasken

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   Does a corporation owe a fiduciary duty?

   • The Supreme Court of Canada has ruled that the fiduciary duty is owed at all times to the corporation. The Court has also stated that acting in the best interests of the corporation is not synonymous with acting in the best interests of shareholders: “The fiduciary duty of the directors to the corporation is a broad, contextual concept.

   Directors' Liability & Fiduciary Duty in Canada | 2022 Guide - Fasken

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9. www.fasken.com › en › knowledgeDirectors' Liability & Fiduciary Duty in Canada | 2022 Guide

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   Jul 31, 2023 · The CBCA also imposes a fiduciary duty of loyalty that directors and officers act honestly and in good faith with a view to the best interests of the corporation. Under the fiduciary duty of loyalty, directors and officers are to act impartially and place the interests of the corporation first, not allowing their decisions to be tainted by self-interest or self-dealing.