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Simon Shields, LLB

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Simon Shields,
LLB

Barrister and Solicitor
(Retired)
LSUC #37308N


simonshields@isp.com

Legal Writing and Research



Equity - Breach of Fiduciary Duty - Damages

410784 Ontario Limited v. Little Zinger Inc. (Corktown Esso) (Ont CA, 2016)

In this case the Court of Appeal made the following comment on the calculation of damages for breach of fiduciary duty:
She properly instructed herself on the law in relation to the calculation of damages for breach of fiduciary duty and relied on GasTOPS Ltd. v. Forsyth, 2009 CanLII 66153 (ON SC), 2009 CanLII 66153 (Ont. S.C.), at para. 1479, aff’d 2012 ONCA 134 (CanLII), for the proposition that:
A precise calculation, therefore, is not required. Rather an estimate of what may have been lost by the plaintiff due to the defendant’s breach, subject to a reduction for contingencies, is the proper approach …

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