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- Title
THE SUPREME COURT OF CANADA OPINES ON PROFESSIONAL MISCONDUCT: ARE WE ANY THE WISER?
- Authors
Kellough, Howard J.
- Abstract
The article discusses the court case, Strother v. 3464920 Canada Inc., in which the Supreme Court of Canada concluded that Strother had breached his fiduciary duty to 3464920 Canada Inc. and was therefore liable to the company for personal profit. The two aspects of the decision included: a legal principle stating that an appellate court cannot revisit a trial judge's findings absent palpable and overriding error; and the relationship between the contractual obligations and the fiduciary obligations that a lawyer owes to the client.
- Subjects
CANADA; ACTIONS &; defenses (Law); FIDUCIARY responsibility; CORPORATE profits; APPELLATE courts; APPELLATE procedure
- Publication
Canadian Tax Journal / Revue Fiscale Canadienne, 2007, Vol 55, Issue 4, p824
- ISSN
0008-5111
- Publication type
Article